Public holiday - Monday 25th September
We will be closed on Monday 25th September for the public holiday
Legislation on remote sale and delivery of alcohol.
Section 139 of the 2005 Act applies where, in connection with any sale of alcohol, the premises from which the alcohol is despatched for delivery of the sale is not the same as those where the order for the alcohol is taken.
Where the premises from which the alcohol is despatched are in Scotland, the sale of the alcohol is, for the purposes of this Act, to be treated as taking place on those premises. Therefore, those premises will require to have a premises licence.
Section 119 of the Licensing (Scotland) Act 2005 (‘the 2005 Act’) makes it an offence to deliver alcohol unless the following is in place:
In addition the information required to be entered in the above is:
Section 120 of the 2005 Act prohibits late night deliveries of alcohol, making it an offence to deliver alcohol (other than to a licensed premises) between the hours of Midnight and 6:00am.
Section 65 of the 2005 Act regulates the licensed hours of off sales premises and alcohol must only be sold between the hours on 10:00am and 10:00pm.
For online and postal sales of alcohol this means that the completion of the transaction (payment) can only take place during these hours. The order for alcohol can be taken at any time and the delivery of alcohol can likewise take place at any time (other than between Midnight and 6:00am), but it is an offence to take payment outwith the statutory hours.
Schedule 3(9A) to the 2005 Act which regulates Age Verification does not extend to remote sales of alcohol. Notwithstanding, the licensee remains liable for practising due diligence in relation to underage sales.
If you require further information on delivery and remote sales of alcohol then please contact one of the licensing standards officers.