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Licensing (Scotland) Act 1976 (repealed)
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- UK Public General Acts
- 1976 c. 66
- Part VIII
- Section 119
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Changes over time for: Section 119
Version Superseded: 01/09/2009
Alternative versions:
- 01/02/1991- Amendment
- 01/12/1994- Amendment
- 24/11/2005
Point in time - 01/09/2009- Amendment
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Point in time view as at 24/11/2005. This version of this provision has been superseded.
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119 Trading hours for off-sale premises and off-sale parts of public houses and hotels.S
(1)The provisions of this Act relating to the permitted hours shall not apply to off-sale premises, but the provisions of this section shall apply.
(2)On granting or transferring a public house or a hotel licence in respect of any premises a licensing board shall, if the applicant so requests and if the board is satisfied—
(a)that a part of the premises (in this section referred to as “the off-sale part”) is structurally adapted for the sale and supply of alcoholic liquor for consumption off the premises; and
(b)that there is no internal communication to which customers have access connecting the off-sale part with a part of the premises used, or intended to be used, for the sale and supply of alcoholic liquor for consumption on the premises, or that any such internal communication is capable of being closed to customers;
insert in the licence the following conditions—
(i)a condition that the off-sale part (which shall be specified in the condition) shall not be used for the sale or supply of alcoholic liquor for consumption on the premises;
(ii)a condition that any internal communication to which customers have access connecting the off-sale part with a part of the premises used for the sale and supply of alcoholic liquor for consumption on the premises shall be closed to customers during any time when customers are present in any part of the premises; and
(iii)a condition that no customers shall be permitted to use any internal communication for the purpose of passing from one part of the premises to another part thereof;
and, so long as the licence is subject to the said conditions, the provisions of this Act relating to the permitted hours shall not apply to the off-sale part, but the provisions of this section shall apply.
[F1(3)Off-sale premises and the off-sale part of premises shall not be opened for the serving of customers with alcoholic liquor—
(a)on a day other than a Sunday, earlier than eight in the morning, and
(b)on a Sunday, earlier than half past twelve in the afternoon,
and shall be closed for the serving of customers with such liquor not later than ten in the evening.]
(4)The holder of the licence or his employee or agent shall be guilty of an offence if he contravenes this section or any condition attached to a licence by virtue of subsection (2) above.
Textual Amendments
F1S. 119(3) substituted (1.12.1994) by 1994 c. 40, s. 22; S.I. 1994/3037, arts. 2, 3
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