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Licensing (Scotland) Act 2005
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- Acts of the Scottish Parliament
- 2005 asp 16
- Part 8
- Miscellaneous offences
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Changes over time for: Cross Heading: Miscellaneous offences
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Changes to legislation:
Licensing (Scotland) Act 2005, Cross Heading: Miscellaneous offences is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 8 Crossheading Miscellaneous-offences:
- specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
Miscellaneous offencesS
117Offences relating to sale of alcohol to tradeS
(1)A person who sells alcohol to trade otherwise than from [F1licensed premises or] premises which are used exclusively for the purpose of the selling of goods (whether solely alcohol or not) to trade commits an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F1Words in s. 117(1) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 188(3), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I1S. 117 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
118Prohibition of unauthorised sale of alcohol on moving vehiclesS
(1)A person who F2... sells alcohol on or from a vehicle at a time when the vehicle is not parked (whether permanently or temporarily) commits an offence, unless the selling of alcohol on or from the vehicle at such a time is expressly authorised by a premises licence or occasional licence in respect of the vehicle.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to—
(a)a fine not exceeding £20,000,
(b)imprisonment for a term not exceeding 3 months, or
(c)both.
Textual Amendments
F2Word in s. 118(1) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(e), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I2S. 118 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
119Delivery of alcohol from vehicles etc.S
(1)A person who, pursuant to a sale of alcohol by that person, delivers the alcohol from a vehicle or receptacle without the information mentioned in subsection (2) having been entered, before the despatch of the alcohol, in—
(a)a day book kept on the premises from which the alcohol is despatched, and
(b)a delivery book or invoice carried by the person delivering the alcohol,
commits an offence.
(2)The information referred to in subsection (1) is—
(a)the quantity, description and price of the alcohol, and
(b)the name and address of the person to whom it is to be delivered.
(3)A person who carries in a vehicle or receptacle in use for the delivery of alcohol pursuant to a sale of the alcohol by that person any alcohol the quantity, description and price of which was not entered as mentioned in subsection (1) commits an offence.
(4)A person who, pursuant to a sale of alcohol, delivers the alcohol to an address not entered as mentioned in subsection (1) commits an offence.
(5)A person who refuses to allow a constable or a Licensing Standards Officer to examine—
(a)any vehicle or receptacle in use for the delivery of alcohol, or
(b)any—
(i)day book kept as mentioned in subsection (1)(a), or
(ii)delivery book or invoice carried as mentioned in subsection (1)(b),
commits an offence.
(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7)In this section, “alcohol” does not include any alcohol being delivered to a trader for the purposes of that person's trade.
Commencement Information
I3S. 119 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
120Prohibition of late-night deliveries of alcoholS
(1)This section applies where alcohol is sold on any relevant premises for consumption off the premises.
(2)A responsible person commits an offence if the person F3... delivers the alcohol to any premises (other than licensed premises) between the hours of midnight and 6am.
(3)A responsible person who F3... allows the alcohol to be so delivered commits an offence.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F3Word in s. 120(2)(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(f), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I4S. 120 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
121Keeping of smuggled goodsS
(1)Any responsible person who F4... keeps or allows to be kept on licensed premises any goods which—
(a)have been imported without any duty payable on their importation having been paid, or
(b)have otherwise been unlawfully imported,
commits an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)The court by or before which a person is convicted of an offence under subsection (1) may order the goods in question to be—
(a)forfeited, and
(b)destroyed or otherwise dealt with in such manner as the court may order.
Textual Amendments
F4Word in s. 121(1) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(g), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I5S. 121 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
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