The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009

JurisdictionScotland
CitationSSI 2009/248

2009 No. 248

Licensing (liquor)

The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009

Made 18th June 2009

Coming into force 1st September 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 145 and 146(2) and (3) of the Licensing (Scotland) Act 20051and all other powers enabling them to do so.

In accordance with section 146(5) of the Licensing (Scotland) Act 2005, a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) This Order may be cited as the Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 and comes into force at 5.00 a.m. on 1st September 2009.

(2) Paragraphs 10 and 11 of Schedule 1 apply to offences committed at or after 5.00 a.m. on 1st September 2009.

S-2 Consequential amendments and repeals of enactments

Consequential amendments and repeals of enactments

2.—(1) The enactments listed in Schedule 1 are amended as there specified.

(2) The enactments listed in Schedule 2 are repealed to the extent there specified.

(3) The enactments listed in Schedule 3 are revoked to the extent there specified.

S-3 Modification of relevant byelaws

Modification of relevant byelaws

3.—(1) The relevant byelaws shall continue to have effect subject to the following amendments:–

(a)

(a) references to “alcoholic liquor” shall be read as references to “alcohol” within the meaning given by section 2 (meaning of alcohol) of the Licensing (Scotland) Act 2005;

(b)

(b) references to “licensed premises” shall have the same meaning as in section 147(1) (interpretation) of that Act but does not include premises in respect of which there is a provisional premises licence (within the meaning of section 45(5) (provisional premises licence) of that Act);

(c)

(c) references to “occasional licence” shall have the same meaning as in section 56(1) (occasional licence) of that Act; and

(d)

(d) references to “licensed canteen”, “registered club” and “occasional permission” shall cease to have effect.

(2) In this article “relevant byelaw” means a byelaw made under sections 201 (byelaws for good rule and government) and 203 (offences against byelaws) of the Local Government (Scotland) Act 19732that–

(a)

(a) is in force immediately prior to 5.00 a.m. on 1st September 2009; and

(b)

(b) relates to the consumption of alcoholic liquor in a public place.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

18th June 2009

SCHEDULE 1

Article 2(1)

SCHEDULE 1

1 Amendment of Public General Acts

PART 1

Amendment of Public General Acts

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

SCH-1.1

1.—(1) The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 19513, is amended in accordance with this paragraph.

(2) In subsection (2)(a) of section 144(period of residence protection) for “in” where it first occurs to the end of paragraph (a) substitute “which, by virtue of a premises licence issued under the Licensing (Scotland) Act 2005, are licensed for the sale of alcohol (within the meaning of section 2 of that Act) for consumption on the premises”.

(3) In subsection (3)(a) of section 185(protection of tenure) for “in” where it second occurs to “thereon” substitute “which, by virtue of a premises licence issued under the Licensing (Scotland) Act 2005, are licensed for the sale of alcohol (within the meaning of section 2 of that Act) for consumption on the premises”.

(4) In subsection (6)(a)(ii) of section 38 (application by service man for renewal of tenancy of business premises) for “licensed for the sale of excisable liquor” substitute “which, by virtue of a premises licence granted under the Licensing (Scotland) Act 2005, are licensed for the sale of alcohol (within the meaning of section 2 of that Act)”.

The Race Relations Act 1976

The Race Relations Act 1976

SCH-1.2

2. In the Race Relations Act 19766, in Schedule 1A (bodies and other persons subject to general statutory duty)7for paragraph 26 substitute–

SCH-1.26

26. A licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005.”.

The Local Government and Planning (Scotland) Act 1982

The Local Government and Planning (Scotland) Act 1982

SCH-1.3

3. In the Local Government and Planning (Scotland) Act 19828in subsection (1)(a)(iii) of section 27 (islands or district council’s functions in relation to the provision of a market) for “alcoholic liquor” substitute “alcohol, within the meaning given by section 2 of the Licensing (Scotland) Act 2005”.

The Rent (Scotland) Act 1984

The Rent (Scotland) Act 1984

SCH-1.4

4. In the Rent (Scotland) Act 19849in subsection (1) of section 10 (premises with business use), for “licensed for the sale of excisable liquor for consumption on the premises” substitute “which, by virtue of a premises licence issued under the Licensing (Scotland) Act 2005, are licensed for the sale of alcohol (within the meaning of section 2 of that Act) for consumption on the premises”.

The Criminal Law (Consolidation) (Scotland) Act 1995

The Criminal Law (Consolidation) (Scotland) Act 1995

SCH-1.5

5.—(1) The Criminal Law (Consolidation) (Scotland) Act 199510, is amended in accordance with this paragraph.

(2) In subsection (1) of section 19 (alcohol on vehicles) for “railway passenger vehicle” substitute “railway vehicle”.

(3) In section 23–

(a)

(a) for the definition of “alcohol” substitute ““alcohol” has the meaning given by section 2 of the Licensing (Scotland) Act 2005;”;

(b)

(b) for the definition of “railway passenger vehicle” substitute–

““railway vehicle” means a railway vehicle within the meaning of section 83 of the Railways Act 1993 (c.43)that is used in the provision of a railway service within the meaning of section 82 of that Act (excluding the wider meaning of “railway” given by section 81(2) of that Act);”.

The Criminal Procedure (Scotland) Act 1995

The Criminal Procedure (Scotland) Act 1995

SCH-1.6

6. In the Criminal Procedure (Scotland) Act 199511in Schedule 9 (certificates as to proof of certain routine matters) at the end insert–

The Licensing (Scotland) Act 2005 (asp 16).

A person authorised to do so by the Scottish Ministers.

In relation to a person identified in the certificate, that on a date specified in that certificate that person held, or as the case may be did not hold, a licence issued under that Act.

In relation to a premises licence or occasional licence issued under that Act and held by a person identified in the certificate, the conditions to which that licence is subject.

The Employment Rights Act 1996

The Employment Rights Act 1996

SCH-1.7

7. In the Employment Rights Act 199612, in subsection (7) of section 232 (shop workers)13

(a) in sub-paragraph (a) omit “(in Scotland, alcoholic liquor)”;

(b) for “and “alcoholic liquor” has the same meaning as in the Licensing (Scotland) Act 1976” substitute “except that in Scotland “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005”.

The Private Security Industry Act 2001

The Private Security Industry Act 2001

SCH-1.8

8.—(1) In the Private Security Industry Act 200114, paragraph 8 of Schedule 2 (activities subject to additional controls)15is amended in accordance with this paragraph.

(2) For sub-paragraph (1BA) substitute–

SCH-1.1BA

“1BA This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(f) only if they are carried out at or in relation to times when alcohol (within the meaning given by section 2 of the Licensing (Scotland) Act 2005) is being sold or supplied (in terms of section 3 of the Licensing (Scotland) Act 2005) for consumption on the premises.”.

(3) For sub-paragraph (2)(f) substitute–

“(f)

“(f) any premises within the meaning given to “licensed premises” in section 147(1) of the Licensing (Scotland) Act 2005;”.

(4) In sub-paragraph (3)–

(a)

(a) at the end of paragraph (cb) omit “or”;

(b)

(b) after paragraph (cb) insert–

“(cc)

“(cc) if the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 applies; or”.

The Housing (Scotland) Act 2001

The Housing (Scotland) Act 2001

SCH-1.9

9. In the Housing (Scotland) Act 200116in paragraph 8 of schedule 1 (tenancies which are not Scottish Secure Tenancies) for “excisable liquor” substitute “alcohol (within the meaning of section 2 of the Licensing (Scotland) Act 2005)”.

The Antisocial Behaviour etc. (Scotland) Act 2004

The Antisocial Behaviour etc. (Scotland) Act 2004

SCH-1.10

10. In the Antisocial Behaviour etc. (Scotland) Act 200417, in section 128 (fixed penalty offences) in Part 1 of the Table for the first two entries substitute–

Enactment

Description of offence

Section 115 of the Licensing (Scotland) Act 2005 (asp 16)

Disorderly conduct while drunk in licensed premises and other relevant premises

Section 116 of the Licensing (Scotland) Act 2005 (asp 16)

Refusing to leave licensed and other relevant premises on being requested to do so

The Breastfeeding etc. (Scotland) Act 2005

The Breastfeeding etc. (Scotland) Act 2005

SCH-1.11

11. In the Breastfeeding etc. (Scotland) Act 200518, in section 1(4) (Offence of preventing or stopping a child from being fed milk) for paragraph (b) of the definition of “licensed premises” substitute–

“(b)

“(b) the Licensing (Scotland) Act 2005 (asp 16);”.

The Gambling Act 2005

The Gambling Act 2005

SCH-1.12

12.—(1) The Gambling Act 200519is amended in accordance with this paragraph.

(2) In subsection (1)(c) of section 2 (licensing authorities) for “constituted under section 1 of the Licensing (Scotland) Act 1976 (c.66)” substitute “continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)”.

(3) In subsection (6)(c)...

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