McGowan on Alcohol Licensing Law in Scotland

A Practical Guide

Stephen J. McGowan

Edition: 2

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The indispensable practitioner’s guide to the Licensing (Scotland) Act 2005 and alcohol licensing law in Scotland
  • Analyses all facets of alcohol licensing law in Scotland, from policy to practice
  • Draws on real-life experience and case studies to examine complex concepts directly affecting how licensed premises trade, such as irresponsible promotions, age verification and minimum pricing; and explains how these are put into practice at the bar or on the shelf
  • Covers the amendments made under the Criminal Justice and Licensing (Scotland) Act 2010, the Alcohol etc. (Scotland) Act 2010, the Alcohol (Minimum Pricing) (Scotland) Act 2012, and the Air Weapons and Licensing (Scotland) Act 2015
  • Covers key reported (and unreported) appeal cases under the 2005 Act such as Aldi Stores Ltd v Dundee City Licensing Board 2016, Ask Entertainment (Pub) Ltd & Ask Entertainment (Nightclub) Ltd v Aberdeen Licensing Board 2013, Buzzworks Leisure Ltd v South Ayrshire Licensing Board 2011, Brightcrew Ltd v Glasgow Licensing Board 2011, Lidl v Glasgow Licensing Board 2013, Tesco v Glasgow Licensing Board 2012, and Trust Inns v Glasgow Licensing Board 2014
  • Provides a complete Parliamentary timeline and reference guide to all primary and secondary law relating to the 2005 Act, in a bespoke Appendix
  • Includes the temporary amendments to the 2005 Act under the Coronavirus Act 2020 in a bespoke Appendix

Drawing on a wealth of experience, Stephen McGowan guides you through the often-perplexing patchwork of statute, policy, convention and jurisprudence that all amount to Scottish licensing law. He does so in a personable style – often peppered with wry real-life reflections on the day-to-day practice of this multifarious and politically volatile area of legal and social life in Scotland.

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ForewordPreface and AcknowledgementsSelected BibliographyTable of Statutes
Table of Orders, Rules and Regulations
Table of Cases

  1. A Brief History of Licensing Regulation
  2. The Licence Requirement
  3. The Licensing Objectives
  4. Licensing Boards
  5. Licensing Forums
  6. Licensing Standards Officers
  7. Premises Licences, Part 1: Origins, Effect and Duration
  8. Premises Licences, Part 2: Application
  9. Premises Licences, Part 3: Administration
  10. Premises Licences, Part 4: Determination
  11. Premises Licences, Part 5: Special Cases
  12. Premises Licences, Part 6: Transfers
  13. Premises Licences, Part 7: Variation
  14. Premises Licences, Part 8: Reviews
  15. Licence Conditions
  16. The Licensed Hours
  17. Personal Licences
  18. Occasional Licences
  19. Offences, Liability and Conduct
  20. Appeals under the 2005 Act
  21. Gambling in Alcohol-Licensed Premises and Clubs

Appendices

Appendix A. Parliamentary History of the 2005 Act

Appendix B. Timeline of Amendments and Secondary Legislation

Appendix C. References to the Licensing Objectives in the 2005 Act

Appendix D. Health Boards as Relevant to Licensing Board

Appendix E. Club Rules and the 1976 and 2005 Acts: A Comparison

Appendix F. Personal Licence Identifier Codes

Appendix G. List of Relevant Offences

Appendix H. A Brief History of Test Purchasing

Appendix I. The Coronavirus (Scotland) Act 2020

Appendix J. Scottish Licensing Boards Contact Details

Stephen J. McGowan is Partner and Head of Licensing (Scotland) at law firm TLT LLP. He is a leading, multi-award winning, recognised expert in alcohol licensing in Scotland and one of the most prominent licensing solicitors in the UK. He is continually ranked as a top-tier leading individual in both Legal 500 and Chambers. Stephen is Accredited by the Law Society of Scotland as specialist in liquor licensing and has been a member of the Society’s Licensing Law Sub-committee since 2010.

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