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Alcohol etc. (Scotland) Act 2010

Consolidated Text As Enacted Cited authorities 15 Cited in Amendments 35 Related
Vincent
JurisdictionScotland
Citation2010 asp 18
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    • (1) The 2005 Act is amended as follows.(2) In schedule 3 (premises licences) , before paragraph 7 insert—
    • (6B)
    • (1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises.
    • (2) Sub-paragraph (1) applies—
    • (a) only where each of the alcoholic products is for sale on the premises separately, and
    • (b) regardless of whether or not the package also contains any item which is not an alcoholic product.
    A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises.only where each of the alcoholic products is for sale on the premises separately, andregardless of whether or not the package also contains any item which is not an alcoholic product.In this paragraph, “alcoholic product” means a product containing alcohol and includes the container in which alcohol is for sale.(3) In schedule 4 (occasional licences) , before paragraph 6 insert—
    • (5B)
    • (1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale.
    • (2) Sub-paragraph (1) applies—
    • (a) only where each of the alcoholic products is for sale on the premises separately, and
    • (b) regardless of whether or not the package also contains any item which is not an alcoholic product.
    A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale.only where each of the alcoholic products is for sale on the premises separately, andregardless of whether or not the package also contains any item which is not an alcoholic product.In this paragraph, “alcoholic product” means a product containing alcohol and includes the container in which alcohol is for sale.(1) The 2005 Act is amended as follows.(2) In paragraph 7 of schedule 3 (pricing of alcohol: premises licences) , after “premises” in both places it occurs insert “ for consumption on the premises ”.(3) After that paragraph insert—
      (7A) Where the price at which any alcohol sold on the premises for consumption off the premises is varied—
    • (a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and
    • (b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
    .    the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, andno further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.(4) In paragraph 6 of schedule 4 (pricing of alcohol: occasional licences) , after “premises” in both places it occurs insert “ for consumption on the premises ”.(5) After that paragraph insert—
      (6A) Where the price at which any alcohol sold on the premises for consumption off the premises is varied—
    • (a) the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, and
    • (b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.
    .    the variation (referred to in this paragraph as “the earlier price variation”) may be brought into effect only at the beginning of a period of licensed hours, andno further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.(1) The 2005 Act is amended as follows.(2) In paragraph 8(3) of schedule 3 (premises licences: restriction on certain irresponsible drinks promotions to apply to on-sales only) , for “(b) to (d) ” substitute “ (c) to (e) ”.(3) In paragraph 7(3) of schedule 4 (occasional licences: restriction on certain irresponsible drinks promotions to apply to on-sales only) , for “(b) to (d) ” substitute “ (c) to (e) ”.(1) Schedule 3 to the 2005 Act (premises licences) is amended as follows.(2) In the italic cross heading before paragraph 13 (display of alcohol for consumption off the premises) , after “Display” insert “ , or promotion of the sale, ”.(3) In paragraph 13, after sub-paragraph (1) insert—
    • “(1A) Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.
    • (1B) Any drinks promotion on the premises may take place only in any one or more of the following—
    • (a) an area referred to in sub-paragraph (1) (a) and (b) ,
    • (b) a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas.
    Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.an area referred to in sub-paragraph (1) (a) and (b) ,a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas.A drinks promotion in connection with the premises may not take place in the vicinity of the premises.For the purposes of sub-paragraph (1C) , the “vicinity” means the area extending 200 metres from the boundary of the premises (as shown on the layout plan) .after sub-paragraph (2) (a) omit “or”,after sub-paragraph (2) (b) add—
    • (c) a branded non-alcoholic product, or
    • (d) a newspaper, magazine or other publication.
    ,    a branded non-alcoholic product, ora newspaper, magazine or other publication.after sub-paragraph (2) insert—
    • “(2A) Sub-paragraph (2) is without prejudice to sub-paragraph (1B) .
    .    Sub-paragraph (2) is without prejudice to sub-paragraph (1B) .(5) In that paragraph, after sub-paragraph (3) , add—
    • “(4) In this paragraph—
      • “branded non-alcoholic product” means a product which does not consist of or contain alcohol and which—
        • (a) bears a name or image of, or
        • (b) is an image of,
        an alcoholic product (namely, a product consisting of or containing alcohol) ,
      • “drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption off the premises but does not include the display of any product which is—
        • (a) a branded non-alcoholic product for sale on the premises, or
        • (b) a newspaper, magazine or other publication—
          • (i) for sale on the premises, or
          • (ii) if not for sale on the premises, which does not relate only or primarily to alcohol.
    .    In this paragraph—
    • “branded non-alcoholic product” means a product which does not consist of or contain alcohol and which—
      • (a) bears a name or image of, or
      • (b) is an image of,
      an alcoholic product (namely, a product consisting of or containing alcohol) ,
    • “drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption off the premises but does not include the display of any product which is—
      • (a) a branded non-alcoholic product for sale on the premises, or
      • (b) a newspaper, magazine or other publication—
        • (i) for sale on the premises, or
        • (ii) if not for sale on the premises, which does not relate only or primarily to alcohol.
    (1) The 2005 Act is amended as follows.(2) In schedule 3 (premises licences) , after paragraph 9 insert—
    • (9A) Age verification policy
    • (1) There must be an age verification policy in relation to the sale of alcohol on the premises.
    • (2) An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“the customer”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy) .
    • (3) The condition specified in this paragraph does not apply in relation to any sale of...
    There must be an age verification policy in relation to the sale of alcohol on the premises.An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“the customer”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy) .The condition specified in this paragraph does not apply in relation to any sale of

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