Licensing (Scotland) Act 2005

Excluded and exempt premises

123Excluded premises

(1)No premises licence or occasional licence has effect to authorise the sale of alcohol on excluded premises.

(2)For the purposes of this Act, “excluded premises” means—

(a)premises on land—

(i)acquired or appropriated by a special roads authority, and

(ii)for the time being used,

for the provision of facilities to be used in connection with the use of a special road provided for the use of traffic of class 1 (with or without other classes), and

(b)subject to subsection (5), premises used as a garage or which form part of premises which are so used.

(3)For the purposes of subsection (2)(a)—

(a)“special road” and “special roads authority” have the same meanings as in the Roads (Scotland) Act 1984 (c. 54), and

(b)“class 1” means class 1 in Schedule 3 to that Act, as varied from time to time by an order under section 8 of that Act, but, if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in this section to traffic of class 1 so as to take account of the additional class.

(4)For the purposes of subsection (2)(b), premises are used as a garage if they are used for one or more of the following—

(a)the sale by retail of petrol or derv,

(b)the sale of motor vehicles, or

(c)the maintenance of motor vehicles.

(5)Despite subsection (2)(b), premises used for the sale by retail of petrol or derv or which form part of premises so used are not excluded premises if persons resident in the locality in which the premises are situated are, or are likely to become, reliant to a significant extent on the premises as the principal source of—

(a)petrol or derv, or

(b)groceries (where the premises are, or are to be, used also for the sale by retail of groceries).

(6)The Scottish Ministers may by order amend the definition of “excluded premises” in subsection (2) so as to include or exclude premises of such description as may be specified in the order.

124Exempt premises

(1)Each of the following are exempt premises for the purposes of this Act—

(a)an examination station at an airport designated for the purposes of this section in an order made by the Scottish Ministers,

(b)an approved wharf at a port or hoverport so designated,

(c)an aircraft, a hovercraft or a railway vehicle while engaged on a journey,

(d)a vessel while engaged on—

(i)an international journey, or

(ii)a journey (other than an international journey) forming part of a ferry service, and

(e)premises which are occupied (whether indefinitely or temporarily) for the purposes of the armed forces of the Crown, except while being used for other purposes.

(2)The Scottish Ministers may make an order under subsection (1) designating an airport, port or hoverport for the purposes of this section only if it appears to them to be one at which there is a substantial amount of international passenger traffic.

(3)For the purpose of subsection (1), the period during which an aircraft, hovercraft, railway vehicle or vessel is engaged in a journey includes—

(a)any period ending with its departure when preparations are being made for the journey, and

(b)any period after its arrival at its destination when it continues to be occupied by those (or any of those) who made the journey (or any part of it).

(4)In this section—

• “approved wharf” has the meaning given in section 20A of the Customs and Excise Management Act 1979 (c. 2),

• “examination station” has the meaning given in section 22A of that Act,

• “ferry service” means a service the principal purpose of which is the transport of passengers or goods over water,

• “international journey” means a journey with—

  (a)

  a point of departure,

  (b)

  a destination, or

  (c)

  at least one port of call,

  outside the United Kingdom, and includes any part of such a journey.