Licensing (Scotland) Act 1976 (repealed)

67 Penalties for offences against provisions of this Act and Prevention of Corruption Acts.F1S

(1)Schedule 5 to this Act shall have effect in accordance with the provisions of this section with respect to the penalties for offences against the provisions of this Act specified in column 1 of that Schedule, of which a rough description is given in column 2 thereof, and in that Schedule—

(a)column 3 shows whether the licence-holder has vicarious reponsibility in relation to offences in accordance with subsection (2) below;

(b)column 4 shows whether the licence-holder and his premises are liable to disqualification under subsection (3) below; and

(c)column 5 shows the maximum penalty by way of fine or imprisonment which may be imposed.

(2)Where an employee or agent of a licence-holder commits an offence in respect of which column 3 of Schedule 5 to this Act indicates that the licence-holder has vicarious responsibility, proceedings may be instituted against the licence-holder in respect of that offence whether or not proceedings have been instituted against the person who committed the offence:

(3)Where a licence-holder is convicted of an offence in respect of which column 4 of Schedule 5 to this Act indicates that the licence-holder and the premises in respect of which the licence is held may be disqualified, or of an offence under section 19 of this Act, the court by which he is convicted may make an order in accordance with either or both of the following paragraphs, that is to say—

(a)that the licence-holder shall be disqualified from holding a licence in respect of the premises concerned for a period not exceeding five years;

(b)that the premises in respect of which the licence is held shall be disqualified from being used as licensed premises for a period not exceeding five years.

(4)Where a licence-holder is convicted of an offence under the Prevention of Corruption Acts 1889 to 1916 in connection with an application to a licensing board under this Act, the court by which he is convicted may, in addition to any other penalty which the court may impose, make an order in accordance with either or both of the following paragraphs, that is to say—

(a)that the licence-holder shall be disqualified from holding a licence for a period not exceeding five years in respect of the premises to which the application relates or related;

(b)that the premises to which the application relates or related shall be disqualified from being used as licensed premises for a period not exceeding five years.

(5)Where an offence against this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this subsection, the expression “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

(6)In this section, “licence-holder” includes the holder of a licence under Part III of this Act.