Alcohol (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Alcohol (Scotland) Bill

SP Bill 27

(as introduced)

An Act of the Scottish Parliament to amend the law regulating the sale and supply of alcohol
to young persons.

1 Sale etc. of alcohol to young persons

(1) The Licensing (Scotland) Act 2005 is amended as follows.
(2) In section 12A(1)(b) (chief constable's reports to licensing boards and local licensing
forums), for the words or young people substitute and the sale or supply of alcohol
stronger than the prescribed strength (see section 109A) to young people.
(3) After section 109, insert
109A Exception: sale etc. to young persons of prescribed-strength alcohol
(1) No offence under any of the relevant enactments is committed if
(a) the sale or other conduct is, or relates, to a young person, and
(b) the alcohol in question is of a strength which does not exceed the
prescribed strength.
(2) The other conduct mentioned in subsection (1)(a) is conduct which, if not for
this section, would constitute an offence if done.
(3) The relevant enactments are
(a) section 102 (sale of alcohol to a child or young person),
(b) section 103 (allowing the sale of alcohol to a child or young person),
(c) section 105 (purchase of alcohol by or for a child or young person),
(d) section 106 (consumption of alcohol by a child or young person),
(e) section 107 (unsupervised sale of alcohol by a child or young person),
(f) section 108 (delivery of alcohol by or to a child or young person),
(g) section 109 (sending a child or young person to obtain alcohol).
(4) The prescribed strength is a strength of alcohol not exceeding 15% which
the Scottish Ministers may by regulations prescribe.
(5) Regulations under subsection (4) are subject to the affirmative procedure.
2 Alcohol (Scotland) Act 2017

(4) In section 110 (duty to display notice), for subsection (3) substitute
(3) That is a notice in the prescribed form and of the prescribed dimensions containing
the following statements, namely
(a) in English, It is an offence for a person under the age of 16 to buy or
attempt to buy alcohol on these premises. It is an offence for a person under
the age of 18 to buy or attempt to buy alcohol on these premises which is
stronger than the prescribed limit. It is also an offence for any other person
to buy or attempt to buy alcohol on these premises for a person under the
age of 16, or alcohol stronger than the prescribed limit for a person under
the age of 18.,
(b) in Gaelic, Tha e na eucoir do dhuine fo aois 16 a bhith a 'ceannach no a'
feuchainn ri deoch lidir a cheannach air na lraichean sin. Tha e na eucoir
do dhuine fo aois 18 a bhith a 'ceannach no a' feuchainn ri deoch lidir a
cheannach air na lraichean sin a tha nas lidire na an re rdaichte. Tha e
cuideachd na eucoir do neach sam bith eile a cheannach no a bhith a
'feuchainn ri deoch lidir a cheannach air na lraichean sin airson neach fo
aois 16, no deoch lidir nas lidire na an ceann rdaichte airson neach fo
aois 18..

2 Sale etc. of alcohol to young persons: initial prescribed strength

(1) For the purposes of section 109A of the Licensing (Scotland) Act 2005, the prescribed
strength of alcohol is 15% when the condition in subsection (2) is met.
(2) The condition is that no regulations under that section have been made.

3 Commencement
Section 2 of this Act comes into force at the end of the period of 60 days beginning
with Royal Assent.

4 Short title
The short title of this Act is the Alcohol (Scotland) Act 2017.