- alcohol
has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16).”
- alcoholic drink
means a drink consisting of or containing alcohol, • “applicant”, in relation to any application under this Act, means the person making the application, • “chief constable” means the chief constable of the Police Service of Scotland, • “area” means— (a) in relation to a council, the local government area for which the council is constituted, (b) in relation to a Licensing Board or Local Licensing Forum, the council area or, as the case may be, licensing division for which the Board or Forum is established, • “capacity”, in relation to licensed premises, means— (a) in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption on the premises (or, as the case may be, that part), the maximum number of customers which can be accommodated in the premises (or, as the case may be, that part) at any one time, and (b) in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption off the premises (or, as the case may be, that part), the amount of space in the premises (or, as the case may be, that part) given over to the display of alcohol for sale, • “child” means a person under the age
- alcoholic product
means a product containing alcohol and includes the container in which alcohol is for sale.
- antisocial behaviour
has the same meaning as in section 143 of the Antisocial Behaviour etc.
- 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 section 5 of the Food Safety Act 1990 (c.16)) 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.
- appropriate Licensing Board
means in relation to moving premises or a premises licence or occasional licence issued in respect of such premises—
- approved wharf
has the meaning given in section 20A of the Customs and Excise Management Act 1979 (c. 2), • “examination station” has the meaning given in section 22A of that Act, • “ferry service” means a service the principal purpose of which is the transport of passengers or goods over water, • “international journey” means a journey with— (a) a point of departure, (b) a destination, or (c) at least one port of call, outside the United Kingdom, and includes any part of such a journey.
- area
means— (a) in relation to a council, the local government area for which the council is constituted, (b) in relation to a Licensing Board or Local Licensing Forum, the council area or, as the case may be, licensing division for which the Board or Forum is established, • “capacity”, in relation to licensed premises, means— (a) in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption on the premises (or, as the case may be, that part), the maximum number of customers which can be accommodated in the premises (or, as the case may be, that part) at any one time, and (b) in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption off the premises (or, as the case may be, that part), the amount of space in the premises (or, as the case may be, that part) given over to the display of alcohol for sale, • “child” means a person under the age of 16, • “community council” has the same meaning as in Part IV of the Local Government (Scotland) Act 1973 (c. 65), • “council” means a council constituted under section 2 of the Local Government etc.
- authorised person
means, in relation to any relevant premises, any of the following persons, namely—
- 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.
- British Summer Time
means the period of summer time for the purposes of the Summer Time Act 1972 (c. 6).
- chief constable
means the chief constable of the Police Service of Scotland, • “area” means— (a) in relation to a council, the local government area for which the council is constituted, (b) in relation to a Licensing Board or Local Licensing Forum, the council area or, as the case may be, licensing division for which the Board or Forum is established, • “capacity”, in relation to licensed premises, means— (a) in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption on the premises (or, as the case may be, that part), the maximum number of customers which can be accommodated in the premises (or, as the case may be, that part) at any one time, and (b) in relation to licensed premises (or any part of such premises) on which alcohol is sold for consumption off the premises (or, as the case may be, that part), the amount of space in the premises (or, as the case may be, that part) given over to the display of alcohol for sale, • “child” means a person under the age of 16, • “community council” has the same meaning as in Part IV of the Local Government (Scotland) Act 1973 (c. 65), • “council” means a council constituted under section 2 o
- child
means a person under the age of 16, • “community council” has the same meaning as in Part IV of the Local Government (Scotland) Act 1973 (c. 65), • “council” means a council constituted under section 2 of the Local Government etc.
- class 1
means class 1 in Schedule 3 to that Act, as varied from time to time by an order under section 8 of that Act, but, if that Schedule is amended by such an order so as to add to it a further class of traffic, the order may adapt the reference in this section to traffic of class 1 so as to take account of the additional class.
- community council
has the same meaning as in Part IV of the Local Government (Scotland) Act 1973 (c. 65), • “council” means a council constituted under section 2 of the Local Government etc.
- 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.
- council
means a council constituted under section 2 of the Local Government etc.
- development
has the same meaning as it has in the 1997 Act.
- drinks promotion
means, in relation to any premises, any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the premises.
- endorsement
means an endorsement made in a personal licence by virtue of an order under—
- examination station
has the meaning given in section 22A of that Act, • “ferry service” means a service the principal purpose of which is the transport of passengers or goods over water, • “international journey” means a journey with— (a) a point of departure, (b) a destination, or (c) at least one port of call, outside the United Kingdom, and includes any part of such a journey.
- excluded premises
means—
- financial year
means a yearly period ending on 31 March.
- foreign offence
means any offence—
- Forum
means a Local Licensing Forum established under section 10.
- Health Board
means a board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29);
- international journey
means a journey with— (a) a point of departure, (b) a destination, or (c) at least one port of call, outside the United Kingdom, and includes any part of such a journey.
- issuing Licensing Board
means, in relation to a personal licence, the Licensing Board which issued the licence.
- licensed hours
means, in relation to licensed premises— and a reference to a period of licensed hours is a reference to any of those periods of time.
- licensed premises
means premises in respect of which a premises licence or occasional licence has effect, • “liqueur confectionery” means confectionery which— (a) contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogramme of the confectionery, and (b) either consists of separate pieces weighing not more than 50 grammes or is designed to be broken into such pieces for the purposes of consumption, • “premises” means any place and includes a vehicle, vessel or moveable structure, • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “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), • “relevant council” means, in relation to a Licensing Board or Local Licensing Forum, the council— (a) for whose area the Board or Forum is established, or (b) in the case of a Board or Forum established for a licensing division, for the area of which the division forms part, • “relevant
- licensing policy period
means the period between each relevant date.
- licensing qualification
means— as may be prescribed.
- liqueur confectionery
means confectionery which— (a) contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogramme of the confectionery, and (b) either consists of separate pieces weighing not more than 50 grammes or is designed to be broken into such pieces for the purposes of consumption, • “premises” means any place and includes a vehicle, vessel or moveable structure, • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “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), • “relevant council” means, in relation to a Licensing Board or Local Licensing Forum, the council— (a) for whose area the Board or Forum is established, or (b) in the case of a Board or Forum established for a licensing division, for the area of which the division forms part, • “relevant health board”, in relation to a Licensing Board, means— (a) the Health Board for the Licensing Board's area, o
- medicinal product
has the same meaning as in section 130 of the Medicines Act 1968 (c. 67).
- minor variation
means—
- notice of conviction
means a notice under section 42(2) or 43(3).
- occasional licence limit
means—
- off-sales hours
means licensed hours applying to the sale of alcohol for consumption off the premises, and
- on-sales hours
means licensed hours applying to the sale of alcohol for consumption on the premises,
- premises
means any place and includes a vehicle, vessel or moveable structure, • “prescribed” means prescribed by regulations made by the Scottish Ministers, • “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), • “relevant council” means, in relation to a Licensing Board or Local Licensing Forum, the council— (a) for whose area the Board or Forum is established, or (b) in the case of a Board or Forum established for a licensing division, for the area of which the division forms part, • “relevant health board”, in relation to a Licensing Board, means— (a) the Health Board for the Licensing Board's area, or (b) if the Licensing Board's area forms part of the area of more than one Health Board, each such Health Board;
- prescribed
means prescribed by regulations made by the Scottish Ministers, • “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), • “relevant council” means, in relation to a Licensing Board or Local Licensing Forum, the council— (a) for whose area the Board or Forum is established, or (b) in the case of a Board or Forum established for a licensing division, for the area of which the division forms part, • “relevant health board”, in relation to a Licensing Board, means— (a) the Health Board for the Licensing Board's area, or (b) if the Licensing Board's area forms part of the area of more than one Health Board, each such Health Board;
- procedural provision
means—
- public place
includes—
- 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), • “relevant council” means, in relation to a Licensing Board or Local Licensing Forum, the council— (a) for whose area the Board or Forum is established, or (b) in the case of a Board or Forum established for a licensing division, for the area of which the division forms part, • “relevant health board”, in relation to a Licensing Board, means— (a) the Health Board for the Licensing Board's area, or (b) if the Licensing Board's area forms part of the area of more than one Health Board, each such Health Board;
- reconstruction
includes alteration, re-erection and extension.
- relevant application
means—
- relevant council
means, in relation to a Licensing Board or Local Licensing Forum, the council— (a) for whose area the Board or Forum is established, or (b) in the case of a Board or Forum established for a licensing division, for the area of which the division forms part, • “relevant health board”, in relation to a Licensing Board, means— (a) the Health Board for the Licensing Board's area, or (b) if the Licensing Board's area forms part of the area of more than one Health Board, each such Health Board;
- relevant date
means the date occurring 18 months after an ordinary election of councillors for local government areas takes place under section 5 of the Local Government etc.
- 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.
- relevant offence
means— as may be prescribed.
- relevant period
means the period of one year ending with the date of the request.
- relevant person
means—
- Relevant premises
means—
- relevant proposal or application
means—
- relevant statistical information
means, in relation to a Licensing Board, such statistical information as the Board may have obtained under section 6(5).
- remote facilities
means any equipment or facility which—
- responsible person
means—
- senior police officer
means a constable of or above the rank of superintendent, • “strength”, in relation to alcohol, is to be determined in accordance with section 2 of the Alcoholic Liquor Duties Act 1979 (c. 4), • “subject premises” means, in relation to any application under this Act, the premises to which the application relates, • “vehicle” means a vehicle intended or adapted for use on roads, • “vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water, • “young person” means a person aged 16 or 17.
- specified
means specified in a determination under subsection (1).
- station
has the meaning given in section 83 of the Railways Act 1993, and • “train operator” means a person authorised by a licence under section 8 of that Act to operate railway assets (within the meaning of section 6 of that Act).
- subject premises
means, in relation to any application under this Act, the premises to which the application relates, • “vehicle” means a vehicle intended or adapted for use on roads, • “vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water, • “young person” means a person aged 16 or 17.
- 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.
- 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.
- the appropriate Licensing Board
means, in relation to any premises or premises licence issued in respect of any premises—
- the appropriate sheriffdom
means the sheriffdom in which the principal office of the Licensing Board whose decision is being appealed is situated.
- the premises
means, in relation to any premises licence, the premises specified in the licence.
- variation
includes addition, deletion or other modification.
- vehicle
means a vehicle intended or adapted for use on roads, • “vessel” includes a ship, boat, raft or other apparatus constructed or adapted for floating on water, • “young person” means a person aged 16 or 17.
- vessel
includes a ship, boat, raft or other apparatus constructed or adapted for floating on water, • “young person” means a person aged 16 or 17.
- vicinity
means the area extending 200 metres from the boundary of the premises (as shown on the layout plan).
- violent offence
means any offence involving violence or the threat of violence.
- young person
means a person aged 16 or 17.