Licensing Scotland Act 2005

The Licensing (Scotland) Act 2005 completely overhauled Scottish Licensing law, sweeping away the Licensing (Scotland) Act 1976 and necessitating a completely new edition of his essential text. Since then there have been substantial and intricate changes effected by the Criminal Justice and Licensing (Scotland) Act 2010 and the Alcohol etc (Scotland) Act 2010.In this third edition, Jack Cummins again sets out the text of the 2005 Act, incorporating amendments, together with key regulations to which constant reference will be required. This new edition also takes into account a stream of cases from the sheriff court and Court of Session since the previous edition.

Enabling power: Licensing (Scotland) Act 2005, ss. 145, 146 (2) (3). Issued: 27.05.2009. Made: -. Laid before the Scottish Parliament: -. Coming into force: 01.09.2009 at 5.00 am. Effect: 14 Acts, 3 Acts of the Scottish Parliament & 8 instruments amended and 1898 c.60 repealed in relation to Scotland and 1992 c. 18 repealed. Territorial extent & classification: S. For approval of the Scottish Parliament. Superseded by S.S.I. 2009/248 (ISBN 9780111005811)

This Act will introduce a new licensing regime to completely replace the current system, which will fully come into force in Autumn 2009, after an 18-month transition period. Licensing Boards will then make decisions according to the core objectives of preventing crime and disorder, securing public safety, preventing public nuisance; protecting and improving public health; and protecting children from harm. Every 3 years they will issue a policy statement on how their licensing system meets these objectives. In doing so they will have to consult with a Local Licensing Forum and other appropriate persons. Mandatory conditions applicable to premises licenses relate to compliance with the operating plan for the premises; the requirement for a premises manager; training of staff; and pricing and drinks promotions. The hours that premises can stay open will be detailed in the operating plan. Although there are no statutory limits, there is a presumption agianst 24 hour drinking. Off sales will be limited to between the hours of 10am and 10pm.

Licensing Law in Scotland provides clear and comprehensive guidance to this complex area of Scots law. Theory and practice are combined to offer positive assistance with numerous common problems likely to be encountered in practice. The third edition has been fully updated and revised to incorporate the major changes brought about by the Licensing (Scotland) Act 2005.

Evidence: Cases and Materials is a comprehensive sourcebook on the law of evidence in Ireland. It combines key extracts from leading cases and relevant legislation with succinct commentary on this dynamic area of the law. This book, which also includes select comparative material, is an invaluable resource for students of the law of evidence and practitioners alike.