Licensing (Scotland) Act 2005

56Occasional licenceS

(1)A Licensing Board may, on the application of any of the persons mentioned in subsection (2) made in relation to any premises (other than licensed premises) within the Board's area, issue to the applicant a licence (referred to in this Act as an “occasional licence”) authorising the sale of alcohol on the premises.

(2)Those persons are—

(a)the holder of a premises licence,

(b)the holder of a personal licence, and

(c)a representative of any voluntary organisation.

(3)An application under subsection (1) must contain details of the information which the applicant proposes should be included in the licence under subsection (7)(b).

(4)An application under subsection (1) which complies with subsection (3) is referred to in this Act as an “occasional licence application”.

(5)An occasional licence has effect for such period of not more than 14 days as the Licensing Board may determine.

(6)A Licensing Board may issue under subsection (1) in respect of any one voluntary organisation in any period of 12 months—

(a)not more than 4 occasional licences each having effect for a period of 4 days or more, and

(b)not more than 12 occasional licences each having effect for a period of less than 4 days,

provided that, in any period of 12 months, the total number of days on which occasional licences issued in respect of the organisation have effect does not exceed 56.

[F1(6A)If the granting of an occasional licence application would result in the occasional licence limit being exceeded, the Board must refuse the application.

(6B) The “ occasional licence limit ” means—

(a)in the case of a voluntary organisation, a limit provided for in subsection (6),

(b)in any other case, such limit as may be prescribed.

(6C)Regulations under subsection (6B)(b) may, in particular—

(a)limit the number of occasional licences that may have effect in respect of—

(i)the same applicant, or

(ii)the same premises,

in any period of 12 months,

(b)limit the number of days on which occasional licences may have effect in respect of—

(i)the same applicant, or

(ii)the same premises,

in any period of 12 months,

(c)limit the number of continuous days on which occasional licences may have effect in respect of the same premises.]

(7)An occasional licence issued by a Licensing Board under subsection (1) must—

(a)be in the prescribed form, and

(b)contain the information specified in subsection (8).

(8)That information is—

(a)the name and address of the holder of the licence,

(b)a description of the premises in respect of which it is issued,

(c)a description of the activities to be carried on in the premises,

(d)a statement of the period during which the licence has effect,

(e)a statement of the times during which alcohol may be sold on the premises,

(f)a statement as to whether alcohol may be sold for consumption on the premises, off the premises or both,

(g)a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,

(h)where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular—

(i)the ages of the children or young persons to be allowed entry,

(ii)the times at which they are to be allowed entry, and

(iii)the parts of the premises to which they are to be allowed entry,

(i)the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found, and

(j)such other information as may be prescribed.

(9)Where alcohol is to be sold both for consumption on and for consumption off the premises, the occasional licence for the premises may, under subsection (8)(e), state different times for—

(a)the sale of alcohol for consumption on the premises, and

(b)the sale of alcohol for consumption off the premises.

[F2(10)Where a Licensing Board issues an occasional licence under subsection (1), the Board must send a copy of the occasional licence to the [F3chief constable].]