- adjacent waters
means— ((a)) waters within a distance from low water mark of ordinary spring tides not exceeding 1,000 metres;
- audience
includes an audience of one, • “financial gain” includes financial gain arising directly or indirectly from the provision of the sexual entertainment, • “organiser”, in relation to the provision of sexual entertainment in premises, means— (a) the person (“A”) who is responsible for— (i) the management of the premises, or (ii) the organisation or management of the sexual entertainment, or (b) where A exercises that responsibility on behalf of another person (whether by virtue of a contract of employment or otherwise), that other person, • “premises” includes any vehicle, vessel or stall but does not include any private dwelling to which the public is not admitted, • “sexual entertainment” means— (a) any live performance, or (b) any live display of nudity, which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
- authorised civilian employee
means a person— (a) appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8);
- authorised deposit-taker
means—
- authorised officer
means an officer of a licensing authority authorised by the authority for the purposes of section 27E, 27F or, as the case may be, 27G.
- bank
means an authorised deposit-taker that has its head office or a branch in the United Kingdom, and
- bank or building society account
means an account held with a bank or a building society.
- booking office licence
means a licence for an activity designated as an activity for which a licence under Part I of the Act is required by article 2(1) of the 2009 Order, and
- building society
has the same meaning as in the Building Societies Act 1986.
- building warrant
means a warrant for work for construction or for conversion of a building granted under section 9 of the Building (Scotland) Act 2003 (asp 8).
- charitable purposes
means any charitable, benevolent or philanthropic purposes whether or not they are charitable within the meaning of any rule of law.
- chief constable
means the chief constable of the Police Service of Scotland.
- child
means, subject to subsection (2B) below, a person under the age of 18;
- children
means persons under the age of 16, • “young people” means persons aged 16 or 17.
- classified work
means a video work in respect of which a classification certificate has been issued by a designated authority, • “classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c.39), • “designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act, • “extract” includes an extract of a single image, • “image” is to be construed in accordance with section 51A.
- combustible substance
means anything which is dangerously combustible in normal conditions and includes any container holding the combustible substance including any such container forming part of a motor vehicle but does not include anything forming part of any common property.
- common property
means common stairs, passages, water-closets, backgreens or basements or other similar areas or private courts;
- dealer
means a person carrying on a business which consists wholly or partly of— to persons not acting in the course of a business or profession any article mentioned in subsection (2) (whether or not the activities mentioned in paragraphs (a) to (f) are carried out incidentally to a business which would not, apart from this section, require a knife dealer's licence).
- designated authority
means an authority which has been designated by the Secretary of State under section 4 of that Act, • “extract” includes an extract of a single image, • “image” is to be construed in accordance with section 51A.
- display of nudity
means—
- educational establishment
has the meaning given by paragraphs (i) and (ii) of the definition of that expression in section 135(1) of the Education (Scotland) Act 1980 but includes a university and a theological college.
- electrical luminous tube sign
means—
- enforcing authority
has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5) • “local authority” means a council constituted under section 2 of the Local Government etc.
- extract
includes an extract of a single image, • “image” is to be construed in accordance with section 51A.
- film
includes any form of video-recording.
- financial gain
includes financial gain arising directly or indirectly from the provision of the sexual entertainment, • “organiser”, in relation to the provision of sexual entertainment in premises, means— (a) the person (“A”) who is responsible for— (i) the management of the premises, or (ii) the organisation or management of the sexual entertainment, or (b) where A exercises that responsibility on behalf of another person (whether by virtue of a contract of employment or otherwise), that other person, • “premises” includes any vehicle, vessel or stall but does not include any private dwelling to which the public is not admitted, • “sexual entertainment” means— (a) any live performance, or (b) any live display of nudity, which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
- finder
has the meaning given by section 67 of this Act;
- food
has the meaning given in section 1 of the Food Safety Act 1990 (c.16).
- guide dog
means a dog which has been trained to guide a blind person;
- hearing dog
means a dog which has been trained to assist a deaf person;
- hire car
means a motor vehicle with a driver (other than a vehicle being a public service vehicle within the meaning of section 1(1)(a) of the Public Passenger Vehicles Act 1981) which is, with a view to profit, available for hire by the public for personal conveyance.
- immigration offence
means an offence under any of the Immigration Acts.
- immigration penalty
means a penalty under—
- itinerant metal dealer
means a person who— • ((a)) carries on a business which consists wholly or substantially of buying or selling for scrap— ((i)) metal articles that are old, broken, worn out or defaced, or ((ii)) partly manufactured articles that are made wholly or partly from metal, ((b)) collects articles of the kind described in paragraph (a)(i) and (ii) by means of visits from place to place, and ((c)) disposes of such articles without causing them to be kept in a metal store or other premises (including by disposing or giving custody of the articles to a person who keeps a metal store), • • “metal” means any metal (including any precious metal) and any alloy of any metals, whether old or new and includes manufactured articles, whether old or new, made wholly or partly of metal, of any of the materials commonly known as hard metal or of cemented or sintered metallic carbides;
- licence
means a licence granted under this Part and Part II of this Act, and cognate expressions shall be construed accordingly;
- livestock
means cattle, horses, asses, mules, hinnies, sheep, pigs, goats and poultry, deer not in the wild state and while in captivity, pheasants, partridges and grouse;
- local authority
means a council constituted under section 2 of the Local Government etc.
- local statutory provision
means— not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.
- material
includes any book, magazine, bill, paper, print, film, tape, disc or other kind of recording (whether of sound or visual images or both), photograph, drawing, painting, representation, model or figure...;
- material change
includes any material change in the particulars given or referred to in the application for the grant, or, where the licence has been renewed, the most recent application for the renewal, of the licence.
- metal
means any metal (including any precious metal) and any alloy of any metals, whether old or new and includes manufactured articles, whether old or new, made wholly or partly of metal, of any of the materials commonly known as hard metal or of cemented or sintered metallic carbides;
- metal dealer
means a person carrying on business in terms of subsection (2) below but does not include an itinerant metal dealer within the meaning of this subsection;
- metal store
means a place where metal is received or kept in the course of a metal dealer’s business;
- net proceeds of sale
means the sum received for any property on its disposal for value under section 68 of this Act after deduction of—
- OFCOM
means the Office of Communications.
- other categories of dog
means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe.
- petrol
has the meaning given by regulation 2 of the Petroleum (Consolidation) Regulations 2014.
- photograph
includes the negative as well as the positive version;
- place of business
means a place of business operated by a metal dealer in the ordinary course of that dealer's business as a metal dealer, • “required information” means the information about metal acquired, processed or disposed of that a dealer is required to record under or by virtue of section 33C(2), (4) or (6).
- place of public entertainment
means any place where... members of the public are admitted or may use any facilities for the purposes of entertainment or recreation but does not include—
- poultry
means the domestic varieties of the following that is to say, fowls, turkeys, geese, ducks, guinea-fowls, pigeons and quails.
- premises
includes any vehicle, vessel or stall but does not include any private dwelling to which the public is not admitted, • “sexual entertainment” means— (a) any live performance, or (b) any live display of nudity, which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
- previous owner
has the meaning given by section 71(2) of this Act.
- private court
means any area which—
- private hire car
means a hire car other than a taxi within the meaning of this subsection.
- private market
means a market, whether covered or not, carried on by any person other than a local or public authority at which goods are offered by more than one seller for sale by retail to the public.
- procession in public
means a procession in a public place;
- proprietorial interest
means the interest of a proprietor or lessee;
- pseudo-photograph
means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.
- public charitable collection
means a collection from the public of money (whether given by them for consideration or not) for charitable purposes taken either in a public place or by means of visits from place to place and “charitable purposes” means any charitable, benevolent or philanthropic purposes whether or not they are charitable within the meaning of any rule of law.
- public place
means any place (whether a thoroughfare or not) to which the public have unrestricted access and includes— • “public road”, “road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;
- public sports entertainment
means any sporting event to which the public are invited as spectators;
- raised structure
means a platform, stand, staging or other similar structure.
- relevant article
means an article mentioned in any of paragraphs (a) to (d) of subsection (2) of section 27A.
- relevant objection or representation
means—
- relevant period
means a period of six months beginning with the day on which the period of retention permitted by paragraph 2 above expired.
- relevant person
means—
- relevant time
means— (a) the time of the offender's arrest for the offence;
- remote facilities
means any equipment or facility which—
- required information
means the information about metal acquired, processed or disposed of that a dealer is required to record under or by virtue of section 33C(2), (4) or (6).
- restraint order
means a restraint order made under Part 3 of the Proceeds of Crime Act 2002 • “suspended forfeiture order” shall be construed in accordance with section 21(2) of that Act.
- seashore
means the shore of the sea, that is to say, the land between the low water mark and the high water mark of ordinary spring tides and every cliff, bank, barrier, dune, beach, flat, esplanade or other land above the said high water mark adjacent to the shore, and to which the public have right of access;
- second-hand dealer
means a person carrying on a business as a dealer in second-hand goods or articles of any description.
- sex article
means— but does not include any articles which are manufactured for use primarily for the purposes of birth control or which primarily relate to birth control.
- sex shop
means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles.
- sexual entertainment
means— (a) any live performance, or (b) any live display of nudity, which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
- Sexual entertainment venue
means any premises at which sexual entertainment is provided before a live audience for (or with a view to) the financial gain of the organiser.
- specified
means specified in an order under that subsection.
- sporting event
means any contest, exhibition or display of any sport;
- sports complex
means a building—
- statutory undertakers
has the meaning assigned to it by section 275 of the Town and Country Planning (Scotland) Act 1972, except that it also includes.........
- statutory undertaking
means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking, or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.
- street trading
means doing any of the following things in a public place— to any person in the public place and includes doing any of these things there in or from a vehicle or in or from a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part of a retail business being carried on in premises abutting the public place.
- taxi
means a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then;
- the 2009 Order
means the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009.
- the relevant date
means—
- the relevant locality
means—
- the relevant period
means—
- theft
includes any aggravation of theft including robbery.
- vessel
means any kind of water-craft including a hovercraft within the meaning of the Hovercraft Act 1968 but not including a vessel in Her Majesty’s service.
- working day
means a day which is not—
- young people
means persons aged 16 or 17.