Licensing (Amendment) (Scotland) Act 1996
Licensing (Amendment) (Scotland) Act 1996
1996 Chapter 36
An Act to amend the Licensing (Scotland) Act 1976 to require licensing boards to attach to licences conditions relating to certain events involving music and dancing and to make new provision for the composition of licensing boards for licensing divisions.
[18th July 1996]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Licensing conditions for certain events.
(1) In the Licensing (Scotland) Act 1976 (in this Act referred to as ‘the 1976 Act’), after section 18 (giving reasons for decision of licensing board) there shall be inserted the following sections—
18A ‘Licensing conditions for certain events.
(1) In granting—
(a) a licence under section 17 of this Act
(b) an occasional licence under section 33 of this Act or
(c) an occasional perm ission under section 34 of this Act,
in respect of premises on or a place at which it appears to the licensing board that any event to which this section applies may be held, the licensing board shall attach to the licence or permission the prescribed conditions and such other conditions as the board considers necessary for the purpose of safeguarding the health and safety of persons attending any such event.
(2) The duty of a licensing board under subsection (1) above to attach conditions to a licence or permission is without prejudice to any power of the board under this Act to attach or impose conditions to or in respect of a licence or permission.
(3) This section applies to any event—
(a) at which music is played or relayed
(b) which consists of or includes the opportunity for persons attending the event to engage in dancing and
(c) at which it appears to the board that offences may be committed in relation to controlled drugs within the meaning of section 2 of the Misuse of Drugs Act 1971 .
(4) The Secretary of State may, by order, prescribe the conditions which are to be attached to a licence or permission under this section, and an order made under this subsection may prescribe—
(a) the terms of any such condition or
(b) the description of any such condition, the terms of which shall be specified by the licensing board,
and such an order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Without prejudice to the generality of subsection (1) above or to the power of the Secretary of State to prescribe terms or descriptions of conditions under subsection (4) above, the conditions may provide that no event to which this section applies, or no such description of such events as may be determined by the board, shall be held without the consent of the board.
(6) The holder of a licence may appeal to the sheriff against—
(a) the terms of any condition (other than the terms of any condition prescribed under subsection (4) above) imposed under subsection (1) above and
(b) the refusal of consent under subsection (5) above.
(7) The holder of a licence or his employee or agent shall be guilty of an offence if he contravenes any condition attached to the licence or permission under subsection (1) above.
(8) It shall be a defence for a person charged with an offence under subsection (7) above to prove that he took all reasonable steps to comply with the condition.
(9) In this section—
‘holder of a licence’ includes a person to whom an occasional permission has been granted under section 34 of this Act;
‘dancing’ includes any movement apparently to the accompaniment of music
‘music’ includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats and
‘prescribed conditions’ means the conditions...
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