SCHEDULE 1
Article 2(1)
SCHEDULE 1
PART 1
Amendment of Public General Acts
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
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)”.
2. In the Race Relations Act 19766, in Schedule 1A (bodies and other persons subject to general statutory duty)7for paragraph 26 substitute–
“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
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”.
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
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
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
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
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–
“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
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
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
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
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) of section 25 (guidance to local...
