Acts of the Scottish Parliament

2005 asp 16

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th November 2005 and received Royal Assent on 21st December 2005

An Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes.

(a) a premises licence, or

(b) an occasional licence,

(a) on exempt premises, or

(b) to trade.

(a) sells alcohol, or

(b) knowingly allows alcohol to be sold,

(a) a fine not exceeding £20,000,

(b) imprisonment for a term not exceeding 6 months, or

(c) both.

(a) means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but

(b) does not include-

(i) alcohol which is of a strength of 0.5% or less at the time of its sale,

(ii) perfume,

(iii) any flavouring essence recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,

(iv) the aromatic flavouring essence commonly known as angostura bitters,

(v) alcohol which is, or is included in, a medicinal product,

(vi) denatured alcohol,

(vii) methyl alcohol,

(viii) naphtha, or

(ix) alcohol contained in liqueur confectionery.

"beer", "cider", "denatured alcohol", "dutiable alcoholic liquor" and "wine" have the same meanings as in the Alcoholic Liquor Duties Act 1979 (c.4), and

"medicinal product" has the same meaning as in section 130 of the Medicines Act 1968 (c.67).

(a) preventing crime and disorder,

(b) securing public safety,

(c) preventing public nuisance,

(d) protecting and improving public health, and

(e) protecting children from harm.

(a) the area of each council whose area is not, at the time this section comes into force, divided into licensing divisions under section 46(1) of the Local Government etc. (Scotland) Act 1994 (c.39) ("the 1994 Act"), and

(b) each licensing division of such an area which is so divided at that time.

(a) there is to be a separate Licensing Board for each of the divisions,

(b) the Licensing Board for the council's area is dissolved on the date on which those separate Licensing Boards are elected in accordance with schedule 1, and

(c) anything done by the Licensing Board for the council's area before the Board is dissolved is, to the extent that it has effect at that time, to have effect after that time as if done by such of the separate Licensing Boards as the council may determine.

(a) there is to be a single Licensing Board for the whole of the council's area,

(b) each of the Licensing Boards for the divisions is dissolved on the date on which the single Licensing Board is elected in accordance with schedule 1, and

(c) anything done by the Licensing Boards for the divisions before they are dissolved is, to the extent that it has effect at that time, to have effect after that time as if done by the single Licensing Board.

(a) makes a determination under subsection (2), or

(b) revokes such a determination or a determination made under section 46(1) of the 1994 Act.

(a) notify the Scottish Ministers of the determination or revocation, and

(b) publicise it in such manner as the council sees fit.

(a) ensure that the policy stated in the statement seeks to promote the licensing objectives, and

(b) consult-

(i) the Local Licensing Forum for the Board's area,

(ii) if the membership of the Forum is not representative of the interests of all of the persons specified in paragraph 2(6) of schedule 2, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative, and

(iii) such other persons as the Board thinks appropriate.

(a) the appropriate chief constable, or

(b) the relevant council,

(a) make copies of the statement available for public inspection free of charge, and

(b) publicise-

(i) the fact that the statement has been published, and

(ii) the arrangements for making copies available for public inspection in pursuance of paragraph (a).

(a) the period of 3 years beginning with such day as the Scottish Ministers may by order appoint, and

(b) each subsequent period of 3 years.

(a) licensed premises, or

(b) licensed premises of a particular description,

(a) have regard to the number and capacity of licensed premises in the locality, and

(b) consult the persons specified in subsection (4).

(a) the appropriate chief constable,

(b) such persons as appear to the Board to be representative of the interests of-

(i) holders of premises licences in respect of premises within the locality,

(ii) persons resident in the locality, and

(c) such other persons as the Board thinks fit.

(a) the Board must not determine the application until after the proceedings are concluded, and

(b) if the applicant is convicted of the offence, the Board may refuse to consider the application.

(a) premises licences, personal licences and occasional licences issued by the Board,

(b) the Board's decisions in relation to applications made to the Board under this Act, and

(c) other decisions of the Board relating to the licences mentioned in paragraph (a).

(a) matters, in addition to those specified in paragraphs (a) to (c) of subsection (1), in relation to which licensing registers are to contain information,

(b) the information which such registers are to contain, and

(c) the form and manner in which the registers are to be kept.

(a) keeping under review-

(i) the operation of this Act in the Forum's area, and,

(ii) in particular, the exercise by the relevant Licensing Board or Boards of their functions, and

(b) giving such advice and making such recommendations to that or any of those Boards in relation to those matters as the Forum considers appropriate.

(a) review, or

(b) give advice, or make recommendations, in relation to,

(a) the Licensing Board for the Forum's area, or

(b) in the case of a Local Licensing Forum for a council area which is divided into licensing divisions, each of the Licensing Boards for those divisions.

(a) in exercising any function, have regard to any advice given, or recommendation made, to them in relation to the function by a Local Licensing Forum, and

(b) where the Board decides not to follow the advice or recommendation, give the Forum reasons for the decision.

(a) providing to interested persons information and guidance concerning the operation of this Act in the area,

(b) supervising the compliance by the holders of-

(i) premises licences, or

(ii) occasional licences,

in respect of premises in the area with the conditions of their licences and other requirements of this Act,

(c) providing mediation services for the purpose of avoiding or resolving disputes or disagreements between-

(i) the holders of the licences referred to in paragraph (b), and

(ii) any other persons,

concerning any matter relating to compliance as referred to in that paragraph.

(a) where a Licensing Standards Officer believes that any condition to which a premises licence or occasional licence is subject has been or is being breached-

(i) to issue a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and

(ii) if, in the case of a premises licence, such a notice is not complied with to the satisfaction of the Officer, to make a premises licence review application in respect of the licence,

(b) in relation to a premises licence, to make an application under that section for review of the licence on any other competent ground for review.

(a) the premises licence or, as the case may be, occasional licence in respect of the premises, and

(b) any other requirements of this Act,

(a) power to enter the premises at any time for the purpose of exercising the power specified in paragraph (b), and

(b) power to carry out such inspection of the premises and of any substances, articles or documents found there as the Officer thinks necessary.

(a) give the Officer such assistance,

(b) provide the Officer with such information, and

(c) produce to the Officer such documents,

(a) the holder of the premises licence or, as the case may be, occasional licence in respect of the premises,

(b) in the case of licensed premises in respect of which a premises licence has effect, the premises manager, and

(c) in any case, any person working on the premises at the time the Officer is exercising the power.

(a) intentionally obstructs a Licensing Standards Officer in the exercise of any power under subsection (2), or

(b) refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (3),

(a) provide for accreditation by the Scottish Ministers of-

(i) courses of training, and

(ii) persons providing such courses,

for the purposes of the regulations,

(b) prescribe different requirements in relation to different descriptions of Licensing Standards Officers, and

(c) require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.

(a) the Licensing Board in whose area the premises are situated, or

(b) where the premises are situated in the area of more than one Licensing Board-

(i) the Board in whose area the greater or greatest part of the premises is situated, or

(ii) if neither or none of those Boards falls within sub-paragraph (i), such of the Boards as is nominated in accordance with subsection (2).

(a) contain a description of the subject premises, and

(b) be accompanied by-

(i) an operating plan for the subject premises,

(ii) a plan (referred to in this Act as a "layout plan"), in the prescribed form, of the subject premises, and

(iii) the certificates required by section 50(1).

(a) a description of the activities to be carried on in the premises,

(b) a statement of the times during which it is proposed that alcohol be sold on the premises,

(c) a statement as to whether the alcohol is to be sold for consumption on the premises, off the premises or both,

(d) a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,

(e) where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular-

(i) the ages of children or young persons to be allowed entry,

(ii) the times at which they are to be allowed entry, and

(iii) the parts of the premises to which they are to be allowed entry,

(f) information as to the proposed capacity of the premises,

(g) prescribed information about the individual who is to be the premises manager, and

(h) such other information in relation to the premises and the activities to be carried on there as may be prescribed.

(a) the sale of alcohol for consumption on the premises, and

(b) the sale of alcohol for consumption off the premises.

(a) each person having a notifiable interest in neighbouring land,

(b) any community council within whose area the premises are situated,

(c) the council within whose area the premises are situated (except where the council is the applicant),

(d) the appropriate chief constable, and

(e) the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.

(a) one or other of the notices mentioned in subsection (4), and

(b) a report detailing-

(i) all cases of antisocial behaviour identified within the relevant period by constables as having taken place on, or in the vicinity of, the premises, and

(ii) all complaints or other representations made within the relevant period to constables concerning antisocial behaviour on, or in the vicinity of, the premises.

(a) a notice stating that neither-

(i) the applicant, nor

(ii) in the cases where the applicant is neither an individual nor a council, or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,

has been convicted of any relevant offence or foreign offence, or

(b) a notice specifying any convictions of-

(i) the applicant, or

(ii) in any of the cases mentioned in paragraph (a)(ii), any connected person,

for a relevant offence or a foreign offence.

(a) proposes to give a notice under subsection (4)(b), and

(b) considers that, having regard to any conviction to be specified in the notice, it is necessary for the purposes of the crime prevention objective that the application be refused,

"antisocial behaviour" has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8),

"neighbouring land" and, in relation to that expression, "notifiable interest" have such meanings as may be prescribed for the purposes of this section, and

"relevant period" means the period of one year ending with the date on which the appropriate chief constable receives notice under subsection (1)(d).

(a) object to the application on any ground relevant to one of the grounds for refusal specified in section 23(5), or

(b) make representations to the Board concerning the application, including, in particular, representations-

(i) in support of the application,

(ii) as to modifications which the person considers should be made to the operating plan accompanying the application, or

(iii) as to conditions which the person considers should be imposed.

(a) the chief constable has reason to believe that-

(i) the applicant, or

(ii) in the cases where the applicant is neither an individual nor a council or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,

is involved in serious organised crime, and

(b) by reason of that involvement, the chief constable considers that it is necessary for the purposes of the crime prevention objective that the application be refused.

(a) give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and

(b) have regard to the objection or representation in determining the application,

(a) recording the Board's rejection of the notice and the grounds for the rejection, and

(b) certified by the clerk of the Board to be a true copy,

(a) if none of them applies, the Board must grant the application, or

(b) if any of them applies, the Board must refuse the application.

(a) that the subject premises are excluded premises,

(b) that the application must be refused under section 25(2), 64(2) or 65(3),

(c) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives,

(d) that, having regard to-

(i) the nature of the activities proposed to be carried on in the subject premises,

(ii) the location, character and condition of the premises, and

(iii) the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol,

(e) that, having regard to the number and capacity of-

(i) licensed premises, or

(ii) licensed premises of the same or similar description as the subject premises,

in the locality in which the subject premises are situated, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of that description, in the locality.

(a) with the crime prevention objective, the Licensing Board must, in particular, take into account-

(i) any conviction notice of which is given by the appropriate chief constable under subsection (4)(b) of section 21,

(ii) any recommendation of the chief constable included in the notice under subsection (5) of that section, and

(b) with any licensing objective, the Licensing Board must take into account any report made by the appropriate chief constable under subsection (3)(b) of section 21.

(a) they would refuse the application as made, but

(b) if a modification proposed by them were made to the operating plan for the subject premises accompanying the application, they would be able to grant the application,

(a) the Board must specify the ground for refusal, and

(b) if the ground for refusal is that specified in subsection (5)(c), the Board must specify the licensing objective or objectives in question.

(a) the applicant, and

(b) where-

(i) the applicant is neither an individual nor a council, or

(ii) the premises in respect of which the licence is sought are used wholly or mainly for the purposes of a club,

any connected person.

(a) the nature of the offence, and

(b) the date of the conviction.

(a) suspend consideration of the application, and

(b) give notice of the conviction to the appropriate chief constable.

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant offence or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant offence or foreign offence.

(a) proposes to give a notice under subsection (7)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of the crime prevention objective that the application be refused,

(a) references in it to a notice under section 21(4)(b) included references to a notice under subsection (7)(b) of this section, and

(b) references in it to a recommendation under section 21(5) included references to a recommendation under subsection (8) of this section.

(a) at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or

(b) the Board is satisfied that there has been a material change of circumstances since the earlier refusal.

(a) a premises licence-

(i) in the prescribed form, and

(ii) containing the information and documents specified in subsection (2), and

(b) a summary of the licence in the prescribed form.

(a) the name and address of-

(i) the holder of the licence, and

(ii) the premises manager in respect of the premises to which the licence relates,

(b) a description of the premises in respect of which the licence is issued,

(c) the date on which the licence takes effect,

(d) the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found,

(e) the operating plan and layout plan in respect of the premises to which the licence relates, and

(f) such other information as may be prescribed.

(a) to add such further conditions as they consider necessary or expedient for the purposes of any of the licensing objectives, or

(b) to extend the application of any condition specified in the schedule.

(a) is inconsistent with any condition-

(i) to which the premises licence is subject by virtue of subsection (1), or

(ii) prescribed under subsection (5),

(b) would have the effect of making any such condition more onerous or more restrictive, or

(c) relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.

(a) added under subsection (2)(a),

(b) prescribed under subsection (5), or

(c) imposed under subsection (6),

(a) the sale of alcohol on the premises in respect of which a premises licence has effect, or

(b) any other activity carried on in such premises.

(a) takes effect on such date as the Licensing Board issuing it may determine, and

(b) ceases to have effect on the occurrence of any of the events mentioned in subsection (5).

(a) the premises licence is revoked under any provision of this Act,

(b) the licensed premises in respect of which the licence was issued cease to be used for the sale of alcohol,

(c) the premises licence holder, being an individual-

(i) dies, or

(ii) becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),

(d) the premises licence holder, being an individual, a partnership or a company, becomes insolvent,

(e) the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and

(f) the appropriate Licensing Board receives from the premises licence holder a notice under subsection (6).

(a) accompanied by the premises licence, or where that is not practicable, by a statement of reasons for failure to produce the licence, and

(b) stating that the licence holder wishes to surrender the licence.

(a) an individual or partnership becomes insolvent on-

(i) the approval of a voluntary arrangement proposed by the individual or partnership,

(ii) being adjudged bankrupt,

(iii) the individual's or partnership's estate being sequestrated,

(iv) entering into a deed of arrangement made for the benefit of creditors, or

(v) granting a trust deed for creditors, and

(b) a company becomes insolvent on-

(i) the approval of a voluntary arrangement proposed by its creditors,

(ii) the appointment of an administrator or administrative receiver in respect of it, or

(iii) going into liquidation.

(a) the premises licence to which the application relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(a) any of the conditions to which the licence is subject (other than those to which the licence is subject by virtue of section 27(1)),

(b) any of the information contained in the operating plan contained in the licence,

(c) the layout plan contained in the licence, or

(d) any other information contained or referred to in the licence,

(a) any variation of the layout plan, if the variation does not result in any inconsistency with the operating plan,

(b) where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises,

(c) any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager), and

(d) any other variation of such description as may be prescribed for the purposes of this subsection.

(a) if none of them applies, the Board must grant the application,

(b) if any of them applies, the Board must refuse the application.

(a) that the application must be refused under section 32(2), 64(2) or 65(3),

(b) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives,

(c) that, having regard to-

(i) the nature of the activities carried on or proposed to be carried on in the subject premises,

(ii) the location, character and condition of the premises, and

(iii) the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation,

(d) that, having regard to the number and capacity of-

(i) licensed premises, or

(ii) licensed premises of the same or similar description as the subject premises (taking account of the proposed variation),

in the locality in which the subject premises are situated, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of that description, in the locality.

(a) the Board must specify the ground for refusal, and

(b) if the ground for refusal is that specified in subsection (5)(b), the Board must specify the licensing objective or objectives in question.

(a) the variation sought is the substitution of another individual as the premises manager, and

(b) the applicant requests in the application that the variation should have immediate effect.

(a) beginning when the application is received by the Licensing Board, and

(b) ending-

(i) when the variation takes effect, or

(ii) if the application is withdrawn before it is determined, when it is withdrawn.

(a) in respect of the same premises licence, and

(b) seeking the same variation,

(a) at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or

(b) the Board is satisfied that there has been a material change of circumstances since the earlier refusal.

(a) the premises licence to which the application relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(a) a notice stating that neither-

(i) the transferee, nor

(ii) where the transferee is neither an individual nor a council, any connected person,

has been convicted of any relevant offence or foreign offence, or

(b) a notice specifying any convictions of-

(i) the transferee, and

(ii) where the transferee is neither an individual nor a council, any connected person,

for a relevant offence or a foreign offence.

(a) proposes to give a notice under subsection (6)(b), and

(b) considers that, having regard to any conviction to be specified in the notice, it is necessary for the purposes of the crime prevention objective that the application for transfer of the licence to the transferee be refused,

(a) if satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application, or

(b) if not so satisfied, grant the application.

(a) the holder of a premises licence, or

(b) an individual under the age of 18,

(a) the premises licence to which the application relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(a) the premises licence holder, being an individual-

(i) dies, or

(ii) becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),

(b) the premises licence holder, being an individual, a partnership or a company, becomes insolvent,

(c) the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and

(d) the business carried on in the licensed premises to which the licence relates is transferred (whether by sale or otherwise) to another person.

(a) an application is made under subsection (1), and

(b) the applicant intimates to the Licensing Board that the application under section 33(1) or 34(1) for transfer of the premises licence is contingent on the grant of the application under subsection (1),

(a) the Licensing Board must first determine the application for transfer of the licence before determining the application under subsection (1), and

(b) if the application for the transfer of the licence is refused, the application under subsection (1) falls.

(a) that one or more of the conditions to which the premises licence is subject has been breached, or

(b) any other ground relevant to one or more of the licensing objectives.

(a) in relation to the alleged ground for review, the Officer or any other Licensing Standards Officer has issued to the licence holder a notice under section 14(2)(a)(i), and

(b) the licence holder has failed to take the action specified in the notice to the satisfaction of the Officer.

(a) where the ground is that specified in subsection (3)(a), the condition or conditions alleged to have been breached,

(b) where the ground is that specified in subsection (3)(b), the licensing objective or objectives to which the alleged ground of review relates.

(a) is vexatious or frivolous, or

(b) does not disclose any matter relevant to any ground for review.

(a) must give notice of the decision, and the reasons for it, to the applicant, and

(b) where it is rejected on the ground that it is frivolous or vexatious, may recover from the applicant any expenses incurred by the Board in considering the application.

(a) recording the Board's rejection of the application and the grounds for rejection, and

(b) certified by the clerk of the Board to be a true copy,

(a) where the ground is that specified in subsection 36(3)(a), the condition or conditions alleged to have been breached,

(b) where the ground is that specified in subsection 36(3)(b), the licensing objective or objectives to which the alleged ground of review relates.

(a) makes a premises licence review proposal, or

(b) receives a premises licence review application,

(a) in the case of a premises licence review application, give notice of the hearing to the applicant, and

(b) give notice of the hearing and a copy of the premises licence review proposal or application to-

(i) the licence holder, and

(ii) any Licensing Standards Officer for the area in which the premises concerned are situated, unless, in the case of a premises licence review application, the applicant is such an Officer.

(a) the Officer must, before the review hearing, prepare and submit to the Licensing Board a report on the proposal or application, and

(b) the Licensing Board must take the report into account at the hearing.

(a) obtain further information from such persons, and in such manner, as the Board thinks fit, and

(b) take the information into account.

(a) request-

(i) the attendance at the review hearing of any person for the purpose of providing information, and

(ii) the production at the review hearing by any person of any documents in that person's possession or under that person's control, and

(b) take into account any information relevant to any ground for review even though it is not relevant to any circumstances alleged in the review proposal or application under consideration.

(a) to issue a written warning to the licence holder,

(b) to make a variation of the licence,

(c) to suspend the licence for such period as the Board may determine,

(d) to revoke the licence.

(a) on the application of the licence holder, and

(b) if satisfied that, by reason of a change of circumstances, the variation or suspension is no longer necessary,

(a) a person who holds a premises licence is charged with a relevant offence, or

(b) a person charged with a relevant offence is granted a premises licence after the person's first appearance in court in connection with the offence but before-

(i) conviction and sentencing for the offence or acquittal, or

(ii) where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.

(a) produce to the court the premises licence, or

(b) if that is not practicable, notify the court of-

(i) the existence of the premises licence,

(ii) the identity of the Licensing Board which issued it, and

(iii) the reasons why it is not practicable to produce the licence.

(a) the holder of a premises licence, and

(b) where-

(i) the holder of such a licence is neither an individual nor a council, or

(ii) the premises in respect of which such a licence is held are used wholly or mainly for the purposes of a club,

any connected person.

(a) specify-

(i) the nature of the offence, and

(ii) the date of conviction, and

(b) be accompanied by-

(i) the premises licence held by the licence holder, or

(ii) if that is not practicable, a statement of the reasons for failure to produce the licence.

(a) the holder of the licence, or

(b) where-

(i) the holder of the licence is neither an individual nor a council, or

(ii) the premises in respect of which the licence is held are used wholly or mainly for the purposes of a club,

a connected person.

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant or foreign offence.

(a) proposes to give a notice under subsection (4)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of the crime prevention objective that the premises licence should be varied, suspended or revoked,

(a) to which subsection (3) applies, and

(b) which has not been confirmed in accordance with section 46,

(a) completion of the construction or conversion of the premises to which the licence relates has been delayed, and

(b) the delay has been caused by factors outwith the premises licence holder's control.

(a) in subsection (2)(b), for sub-paragraph (iii) there were substituted-

(b) in subsection (4), paragraph (g) were omitted.

(a) the provisional premises licence,

(b) the operating plan for the premises to which the licence relates,

(c) the layout plan for the premises, and

(d) the certificates required by section 50(3).

(a) since the provisional premises licence was issued, or

(b) if, since that time, an application for a variation of the licence has been granted under section 30, since the last such application was granted,

(a) on the application of the holder of the premises licence in respect of the premises, and

(b) if satisfied as to the matters mentioned in subsection (3),

(a) that the temporary premises are suitable for use for the sale of alcohol, and

(b) that it is necessary to grant the application to enable the applicant to carry on business pending reconstruction or conversion of the principal premises.

(a) has effect for such period of not more than 2 years beginning with the date of its issue as the Licensing Board may determine, and

(b) is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Licensing Board considers appropriate.

"conversion" has the same meaning as it has for the purposes of the Building (Scotland) Act 2003 (asp 8), and

"reconstruction" includes alteration, re-erection and extension.

(a) the licence holder's name or address, or

(b) the name or address of the premises manager specified in the licence,

(a) receives a notice under section 48(1) in relation to a premises licence,

(b) grants a premises licence variation application or otherwise makes a variation of a premises licence,

(c) grants an application under section 33(1) or 34(1) for the transfer of a premises licence,

(d) in relation to a provisional premises licence, grants-

(i) an application under section 45(7) for an extension of the provisional period, or

(ii) an application under section 46(1) for confirmation of the licence,

(e) in relation to a temporary premises licence, grants an application under section 47(6) for an extension of the period during which the licence has effect, or

(f) on reviewing a premises licence, takes any of the steps referred to in section 39(1).

(a) the licence has ceased to have effect under any provision of this Act, or

(b) the Board requires the licence for the purpose of complying with the duty under subsection (2),

(a) a planning certificate,

(b) a building standards certificate, and

(c) if food is to be supplied on the premises, a food hygiene certificate,

(a) if the provisional planning certificate which accompanied the provisional premises licence application in respect of the subject premises consisted of outline planning permission, a planning certificate,

(b) a building standards certificate, and

(c) if food is to be supplied on the premises, a food hygiene certificate,

(a) that planning permission under the Town and Country Planning (Scotland) Act 1997 (c.8) (referred to in this section as "the 1997 Act") in respect of any development of the subject premises in connection with their proposed use as licensed premises has been obtained, or

(b) that no such planning permission is required.

(a) that planning permission or outline planning permission under the 1997 Act has been obtained in respect of the construction or conversion of the subject premises, or

(b) that no such planning permission is required.

(a) that a completion certificate has been accepted under section 18 of the Building (Scotland) Act 2003 (asp 8) (referred to in this section as "the 2003 Act") in respect of any construction or conversion of the subject premises in connection with their proposed use as licensed premises,

(b) that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or

(c) that no such completion certificate or permission is required.

"appropriate authority" means-

(a) in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the 1997 Act) for the area in which the subject premises are situated,

(b) in relation to a building standards certificate, the council for that area,

(c) in relation to a food hygiene certificate, the food authority (within the meaning of the 1990 Act) for that area,

"construction" and "conversion" have the same meanings as they have in the 2003 Act,

"development" has the same meaning as it has in the 1997 Act.

(a) the applicant,

(b) the appropriate chief constable, and

(c) in the case of the grant or refusal of a premises licence application, any person who gave a notice of objection or representation under section 22(1) in respect of the application.

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (1).

(a) by such time, and

(b) in such form and manner,

(a) the licence holder, or

(b) the premises manager.

(a) a constable, and

(b) a Licensing Standards Officer for the council area in which the premises are situated.

(a) the premises licence held by the licence holder or, as the case may be, the summary of it has been lost, stolen, damaged or destroyed, and

(b) where it has been lost or stolen, the licence holder has reported the loss or theft to the police,

(a) in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and

(b) certified by the Board to be a true copy.

(a) a premises licence include references to a replacement premises licence,

(b) a summary of a premises licence include references to a replacement summary,

(a) the premises manager ceases to work at the premises,

(b) the premises manager becomes incapable for any reason of acting as premises manager,

(c) the premises manager dies, or

(d) the personal licence held by the premises manager is revoked or suspended.

(a) subsection (3) is complied with, and

(b) within the period of 6 weeks beginning with the day on which the event occurs, a premises licence variation application is made seeking a variation of the premises licence in respect of the premises so as to substitute another individual as the premises manager.

(a) the Licensing Board,

(b) a solicitor or notary public, or

(c) a person of a prescribed description.

(a) the holder of a premises licence,

(b) the holder of a personal licence, and

(c) a representative of any voluntary organisation.

(a) not more than 4 occasional licences each having effect for a period of 4 days or more, and

(b) not more than 12 occasional licences each having effect for a period of less than 4 days,

(a) be in the prescribed form, and

(b) contain the information specified in subsection (8).

(a) the name and address of the holder of the licence,

(b) a description of the premises in respect of which it is issued,

(c) a description of the activities to be carried on in the premises,

(d) a statement of the period during which the licence has effect,

(e) a statement of the times during which alcohol may be sold on the premises,

(f) a statement as to whether alcohol may be sold for consumption on the premises, off the premises or both,

(g) a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,

(h) where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular-

(i) the ages of the children or young persons to be allowed entry,

(ii) the times at which they are to be allowed entry, and

(iii) the parts of the premises to which they are to be allowed entry,

(i) the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found, and

(j) such other information as may be prescribed.

(a) the sale of alcohol for consumption on the premises, and

(b) the sale of alcohol for consumption off the premises.

(a) the appropriate chief constable, and

(b) any Licensing Standards Officer for the area in which the subject premises are situated.

(a) object to the application on any ground relevant to one of the grounds for refusal specified in section 59(6), or

(b) make representations to the Board concerning the application, including, in particular, representations-

(i) in support of the application, or

(ii) as to conditions which the person considers should be imposed.

(a) give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and

(b) have regard to the objection or representation in determining the application,

(a) recording the Board's rejection of the notice and the grounds for rejection, and

(b) certified by the clerk of the Board to be a true copy,

(a) notice from the appropriate chief constable under section 57(2),

(b) report from a Licensing Standards Officer under section 57(3), or

(c) notice of objection or representation under section 58(1),

(a) if none of them applies, the Board must grant the application, or

(b) if any of them applies, the Board must refuse the application.

(a) that the premises to which the application relates are excluded premises,

(b) that the application must be refused under section 64(2) or 65(3),

(c) that the Licensing Board considers the granting of the application would be inconsistent with one or more of the licensing objectives,

(d) that, having regard to-

(i) the nature of the activities proposed to be carried on in the premises to which the application relates,

(ii) the location, character and condition of the premises, and

(iii) the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol.

(a) to add such further conditions as they consider necessary or expedient for the purposes of any of the licensing objectives, or

(b) to extend the application of any condition specified in the schedule.

(a) is inconsistent with any condition-

(i) to which the occasional licence is subject by virtue of subsection (1), or

(ii) prescribed under subsection (3),

(b) would have the effect of making any such condition more onerous or more restrictive, or

(c) relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.

(a) added under subsection (2)(a),

(b) prescribed under subsection (3), or

(c) imposed under subsection (4),

(a) the sale of alcohol on the premises in respect of which an occasional licence has effect, or

(b) any other activity carried on in such premises.

(a) the applicant,

(b) the appropriate chief constable,

(c) any Licensing Standards Officer for the area in which the subject premises are situated, and

(d) any person who gave a notice of objection or representation under section 58(1) in respect of the application.

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (1).

(a) by such time, and

(b) in such form and manner,

(a) in the case of licensed premises in respect of which a premises licence has effect, the period or periods of time specified for the time being in the operating plan contained in the premises licence as those during which alcohol is to be sold on the premises, and

(b) in the case of licensed premises in respect of which an occasional licence has effect, the period or periods of time specified in the licence as those during which alcohol may be sold on the premises,

(a) in relation to any premises-

(i) "on-sales hours" means licensed hours applying to the sale of alcohol for consumption on the premises,

(ii) "off-sales hours" means licensed hours applying to the sale of alcohol for consumption off the premises, and

(b) in relation to any licensed premises on which alcohol is sold both for consumption on the premises and for consumption off the premises, references to licensed hours are-

(i) in relation to alcohol sold for consumption on the premises, to be read as references to on-sales hours,

(ii) in relation to alcohol sold for consumption off the premises, to be read as references to off-sales hours.

(a) sells alcohol, or allows alcohol to be sold, on licensed premises,

(b) allows alcohol to be consumed on licensed premises, or

(c) allows alcohol to be taken from licensed premises.

(a) allow alcohol to be consumed on licensed premises at any time within 15 minutes of the end of any period of licensed hours if the alcohol was sold during that period,

(b) allow alcohol to be taken from licensed premises at any time within 15 minutes of the end of any period of licensed hours if the alcohol-

(i) was sold during that period, and

(ii) is not taken from the premises in an open container,

(c) allow alcohol to be consumed on or taken from licensed premises outwith licensed hours if the person consuming or taking the alcohol-

(i) resides on the premises, or

(ii) is a guest of a person who resides there,

(d) sell alcohol or allow alcohol to be sold on licensed premises outwith licensed hours if the alcohol is sold to a person who resides on the premises,

(e) allow alcohol to be consumed on licensed premises at a meal at any time within 30 minutes of the end of any period of licensed hours if the alcohol was sold-

(i) during that period,

(ii) at the same time as the meal, and

(iii) for consumption at the meal,

(f) sell alcohol or allow alcohol to be sold on licensed premises outwith licensed hours if the alcohol is sold to-

(i) a person who is a trader for the purposes of the person's trade, or

(ii) a person for supply to or on any premises which are occupied for the purposes of the armed forces of the Crown.

(a) that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised all due diligence not to commit the offence, or

(b) that there were no lawful and reasonably practicable means by which the accused could prevent the person consuming or taking the alcohol on or from the premises from so doing.

(a) in the case of licensed premises in respect of which a premises licence has effect, the premises manager,

(b) in the case of licensed premises in respect of which an occasional licence has effect, the holder of the licence,

(c) in either case, any person who works on the premises in a capacity (whether paid or unpaid) which authorises the person to make the request mentioned in subsection (4).

(a) the ordering of alcohol for consumption off licensed premises, or

(b) the despatch of alcohol so ordered by the person selling it.

(a) an application of any of the following kinds is made to a Licensing Board in respect of the premises, namely-

(i) a premises licence application,

(ii) a premises licence variation application,

(iii) an occasional licence application, or

(iv) an extended hours application, and

(b) if the application were to be granted, the licensed hours in relation to the premises would be such as to allow alcohol to be sold on the premises during a continuous period of 24 hours or more.

(a) a licence authorising the sale of alcohol for consumption off the premises, or

(b) an extension of off-sales hours in relation to the premises.

(a) a premises licence application,

(b) a premises licence variation application,

(c) an occasional licence application, or

(d) an extended hours application.

(a) before 10am,

(b) after 10pm, or

(c) both,

(a) during which, or

(b) at the end of which,

(a) the whole of the Licensing Board's area or only to specified parts of the area,

(b) licensed hours generally or only to specified descriptions of licensed hours, and

(c) all licensed premises in the Board's area or only to specified descriptions of such premises.

(a) give notice of the determination to-

(i) the appropriate chief constable, and

(ii) the holders of premises licences and occasional licences in respect of premises to which the determination applies, and

(b) publicise it in such manner as the Board sees fit.

(a) on the application of the holder of the premises licence in respect of any licensed premises, and

(b) if the Board consider it appropriate to do so in connection with-

(i) a special event or occasion to be catered for on the premises, or

(ii) a special event of local or national significance,

(a) the appropriate chief constable, and

(b) any Licensing Standards Officer for the area in which the subject premises are situated.

(a) any notice of objection given by the appropriate Chief Constable under section 69(2), and

(b) the Licensing Standards Officer's report under section 69(3).

(a) the applicant,

(b) the appropriate chief constable, and

(c) any Licensing Standards Officer for the area in which the subject premises are situated.

(a) each person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (4).

(a) by such time, and

(b) in such form and manner,

(a) issued to the individual by a Licensing Board under section 76(1) of this Act, and

(b) authorising the individual to supervise or authorise the sale of alcohol.

(a) if the individual is ordinarily resident in the area of any Licensing Board, that Board, or

(b) in any other case, any Licensing Board.

(a) a notice stating that, as far as the chief constable is aware, the applicant has not been convicted of any relevant offence or foreign offence, or

(b) a notice specifying any convictions of the applicant for any such offence.

(a) proposes to give a notice under subsection (3)(b), and

(b) considers that, having regard to any conviction to be specified in the notice, it is necessary for the purposes of the crime prevention objective that the personal licence application be refused,

(a) all of the conditions specified in subsection (3) are met in relation to the applicant, and

(b) the Board has received from the appropriate chief constable a notice under section 73(3)(a),

(a) the applicant is aged 18 or over,

(b) the applicant possesses a licensing qualification, and

(c) no personal licence previously held by the applicant has been revoked within the period of 5 years ending with the day on which the application was received.

(a) all of those conditions are met in relation to the applicant, and

(b) the Board has received from the appropriate chief constable a notice under section 73(3)(b),

(a) if satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application, or

(b) if not so satisfied, grant the application.

(a) the nature of the offence, and

(b) the date of the conviction.

(a) suspend consideration of the application, and

(b) give notice of the conviction to the appropriate chief constable.

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant offence or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant offence or foreign offence.

(a) proposes to give a notice under subsection (6)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of the crime prevention objective that the personal licence application be refused,

(a) references in it to a notice under section 73(3)(a) included references to a notice under subsection (6)(a) of this section, and

(b) references in it to a notice under section 73(3)(b) included references to a notice under subsection (6)(b) of this section.

(a) the name and address of the individual to whom it is issued,

(b) the Licensing Board issuing the licence,

(c) the expiry date of the licence,

(d) any relevant offence or foreign offence of which the applicant has been convicted, and

(e) such other matters as may be prescribed.

(a) the licence is revoked under any provision of this Part, or

(b) the Licensing Board which issued the licence receives from the personal licence holder a notice under subsection (6).

(a) accompanied by the personal licence or, where that is not practicable, by a statement of reasons for failure to produce the licence, and

(b) stating that the licence holder wishes to surrender the licence.

(a) the personal licence to which it relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(a) a personal licence application, or

(b) a personal licence renewal application.

(a) the applicant, and

(b) the appropriate chief constable,

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (2).

(a) by such time, and

(b) in such form and manner,

(a) a person who holds a personal licence is charged with a relevant offence, or

(b) a person charged with a relevant offence is granted a personal licence after the person's first appearance in court in connection with the offence but before-

(i) conviction and sentencing for the offence or acquittal, or

(ii) where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.

(a) produce to the court the personal licence, or

(b) if that is not practicable, notify the court of-

(i) the existence of the personal licence,

(ii) the identity of the Licensing Board which issued the licence, and

(iii) the reasons why it is not practicable to produce the licence.

(a) a Licensing Board receives a notice under subsection (2) ("the receiving Board"), and

(b) that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board ("the other Board"),

(a) the Licensing Board which issued the personal licence held by the licence holder, and

(b) if different, the Licensing Board for the area in which are situated any licensed premises in which the licence holder is working.

(a) specify-

(i) the nature of the offence, and

(ii) the date of the conviction, and

(b) be accompanied by-

(i) the personal licence held by the licence holder, or

(ii) if that is not practicable, a statement of the reasons for failure to produce the licence.

(a) a Licensing Board receives a notice under subsection (2) ("the receiving Board"), and

(b) that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board ("the other Board"),

(a) receives a notice of conviction relating to a personal licence holder, or

(b) becomes aware that a personal licence holder was, during the application period, convicted of a relevant offence or a foreign offence.

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or a foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant or a foreign offence.

(a) proposes to give a notice under subsection (4)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of the crime prevention objective that the licence holder's personal licence should be revoked, suspended or endorsed,

(a) having regard to-

(i) the conviction, and

(ii) any recommendation contained in the chief constable's notice under subsection (5),

(b) after giving-

(i) the licence holder concerned, and

(ii) the appropriate chief constable,

an opportunity to be heard, and

(c) if satisfied that it is necessary to do so for the purposes of the crime prevention objective,

(a) revoking,

(b) suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c) endorsing,

(a) the licence holder concerned,

(b) the appropriate chief constable, and

(c) if different, the Licensing Board which issued the personal licence,

"the application period" means, in relation to a personal licence holder, the period-

(a) beginning with the date on which the application for the personal licence held by that licence holder was made, and

(b) ending with the date on which that application was granted,

"notice of conviction" means a notice under section 81(2) or 82(2), and

"relevant Licensing Board" means, in relation to a personal licence holder-

(a) if the personal licence holder is working as a premises manager at any licensed premises, the Licensing Board for the area in which those premises are situated,

(b) in any other case, the Licensing Board which issued the personal licence held by the licence holder.

(a) if the licence holder concerned is, at the time of the finding, working in licensed premises (whether the licensed premises concerned or other licensed premises) in that Board's area, hold a hearing,

(b) in any other case, give notice to the relevant Licensing Board of their finding together with a recommendation as to whether the personal licence held by the licence holder concerned should be revoked, suspended or endorsed.

(a) if the Licensing Board making the finding referred to in subsection (1) has reason to believe that the licence holder concerned is working at licensed premises situated in the area of another Licensing Board, that other Licensing Board,

(b) in any other case, the Licensing Board which issued the personal licence held by the licence holder concerned.

(a) after giving-

(i) the licence holder concerned, and

(ii) such other persons as they consider appropriate,

an opportunity to be heard, and

(b) if satisfied that it is necessary to do so for the purposes of any of the licensing objectives,

(a) revoking,

(b) suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c) endorsing,

(a) the licence holder concerned,

(b) where the hearing was held in pursuance of a notice given under subsection (3)(b), the Licensing Board which gave the notice, and

(c) if different, the Licensing Board which issued the personal licence,

(a) section 83(9)(c), or

(b) section 84(7)(c).

(a) after giving-

(i) the holder of the licence, and

(ii) such other persons as the Board considers appropriate,

an opportunity to be heard, and

(b) if they consider it necessary to do so for the purposes of any of the licensing objectives,

(a) suspending the licence for such period, not exceeding 6 months, as the Board considers appropriate, or

(b) revoking the licence.

(a) the period of 5 years beginning with the date on which the licence holder's licence was issued, and

(b) each subsequent period of 5 years during which the licence has effect,

(a) in relation to each personal licence issued by it, and

(b) no later than 3 months before the expiry of each period mentioned in subsection (1),

(a) provide for accreditation by the Scottish Ministers of-

(i) courses of training, and

(ii) persons providing such courses,

for the purposes of the regulations,

(b) prescribe different requirements in relation to different descriptions of personal licence holder, and

(c) require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.

(a) the date, and

(b) period,

(a) the date of the conviction, and

(b) the nature of the offence,

(a) makes an order under section 83(9)(c) or 84(7)(c) in relation to any personal licence holder, or

(b) receives notice under section 83(10)(c) or 84(8)(c) of such an order made by another Licensing Board,

(a) the licence has been revoked under any provision of this Act, or

(b) the Board requires the licence for the purpose of complying with any duty under this section in relation to the licence,

(a) modify this Act, and

(b) make different provision in relation to different functions.

(a) such qualification, or

(b) a qualification of such description,

(a) prescribe qualifications or descriptions of qualifications by reference to whether they are-

(i) accredited, or

(ii) awarded by a person who is accredited,

for the purposes of this section by the Scottish Ministers in accordance with the regulations,

(b) prescribe qualifications or descriptions of qualifications awarded outwith Scotland (as well as qualifications awarded within Scotland),

(c) prescribe different qualifications in relation to different licensed premises or licensed premises of different descriptions, and

(d) prescribe such qualifications as the appropriate licensing qualifications in relation to those descriptions of licensed premises for the purposes of paragraph 4(2) of schedule 3.

(a) the personal licence held by the applicant has been lost, stolen, damaged or destroyed, and

(b) where it has been lost or stolen, the applicant has reported the loss or theft to the police,

(a) in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and

(b) certified by the Board to be a true copy.

(a) the licensed premises concerned, and

(b) such other licensed premises (if any) as the court may specify in the order,

(a) there is a substantial risk that the person convicted will commit a further violent offence on, or in the immediate vicinity of, the licensed premises concerned, and

(b) an order has not been made under subsection (2) in relation to the person in respect of the same conviction,

"the appropriate consent" means, in relation to any licensed premises, the express consent of-

(a) the premises licence holder in respect of the premises, or

(b) a person authorised by the premises licence holder to give consent for the purposes of this section,

"the appropriate sheriffdom" means the sheriffdom in which the licensed premises concerned are situated,

"violent offence" means any offence involving violence or the threat of violence.

(a) a fine not exceeding level 4 on the standard scale,

(b) imprisonment for a term not exceeding one month, or

(c) both.

(a) remove the person from the premises, and

(b) if necessary for that purpose, use reasonable force.

(a) asked by an authorised person to assist in exercising a power conferred by subsection (4), and

(b) the constable reasonably suspects the person to be removed of having entered the premises in breach of an exclusion order,

(a) the premises licence holder,

(b) the premises manager, and

(c) any other person who-

(i) works on the premises, and

(ii) is authorised by the premises licence holder or the premises manager for the purposes of this section.

(a) the person is charged with the offence before a court of summary jurisdiction, and

(b) the court, without proceeding to conviction, discharges the person absolutely under section 246(3) of the Criminal Procedure (Scotland) Act 1995 (c.46).

(a) a court or the sheriff makes an exclusion order, or

(b) a court makes an order terminating or varying an exclusion order,

(a) on the application of a senior police officer relating to any licensed premises situated within the Board's area, and

(b) if satisfied that, by reason of the likelihood of disorder on, or in the vicinity of the premises, closure of the premises is necessary in the interests of public safety,

(a) there is, or is likely imminently to be, disorder on, or in the vicinity of, any licensed premises,

(b) closure of the premises is necessary in the interests of public safety, and

(c) the risk to public safety is such that it is necessary to do so immediately and without making an application under subsection (1),

(a) a fine not exceeding £20,000,

(b) imprisonment for a term not exceeding 3 months, or

(c) both.

(a) a responsible person, and

(b) in the case of a closure order made by a Licensing Board, the Board.

(a) on the application of the holder of the premises licence or, as the case may be, occasional licence in respect of any licensed premises to which a closure order made by the Board relates, and

(b) if satisfied that it is no longer necessary in the interests of public safety for the premises to be closed,

(a) before the expiry of the period during which the order has effect (referred to in this section as the "original closure period"), and

(b) if the officer reasonably believes that the conditions mentioned in subsection (2) are met in relation to the premises,

(a) that there continues to be, or is likely to continue to be, disorder on, or in the vicinity of, the premises,

(b) that extending the original closure period is necessary in the interests of public safety, and

(c) the risk to public safety continues to be such that it is necessary to extend the original closure period immediately and without making an application under section 97(1).

(a) as to the form and manner in which-

(i) any application under section 97(1)(a) or 98(3)(a) is to be made,

(ii) any notice under section 97(6), 98(2) or 99(3) is to be given,

(b) as to the form of closure orders,

(c) for the holding of hearings by Licensing Boards before making closure orders or extensions to them.

(a) in the case of premises in respect of which a premises licence has effect-

(i) the premises licence holder, or

(ii) the premises manager,

(b) in the case of premises in respect of which an occasional licence has effect, the person who holds the occasional licence, and

(c) in either case, any person working at the premises in a capacity (whether paid or unpaid) which authorises the person to close the premises.

(a) the accused believed the child or young person to be aged 18 or over, and

(b) either-

(i) the accused had taken reasonable steps to establish the child's or young person's age, or

(ii) no reasonable person could have suspected from the child's or young person's appearance that the child or young person was aged under 18.

(a) the accused was shown any of the documents mentioned in subsection (4), and

(b) that document would have convinced a reasonable person.

(a) a passport,

(b) a European Union photocard driving licence, or

(c) such other document, or a document of such other description, as may be prescribed.

(a) a fine not exceeding level 5 on the standard scale,

(b) imprisonment for a term not exceeding 3 months, or

(c) both.

(a) a fine not exceeding level 5 on the standard scale,

(b) imprisonment for a term not exceeding 3 months, or

(c) both.

(a) the accused believed the child to be aged 16 or over, and

(b) either-

(i) the accused had taken reasonable steps to establish the child's age, or

(ii) no reasonable person could have suspected from the child's appearance that the child was aged under 16.

(a) the accused was shown evidence of the child's age, and

(b) that evidence would have convinced a reasonable person.