Civic Government (Scotland) Act 1982 (c. 45)

Extent Information

E1 Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).

Modifications etc. (not altering text)

C1 Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V

Commencement Information

I1 Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.

Part II E+W+S Licensing and Regulation—Particular Activities

Miscellaneous licences S

42 Late hours catering licences. S

(1) A licence, to be known as a “late hours catering licence”, shall be required for the use of premises between the hours of eleven o’clock in the evening and five o’clock the following morning for the sale to or consumption by the public of [F1 food] .

(2) The reference in subsection (1) above to the sale of [F2 food] is a reference to the sale of [F2 food] for consumption on as well as off the premises in which [F3 it is] sold.

(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a late hours catering licence fixing the days and hours during which the premises may be open for business, and different days and hours may be fixed for the sale of [F4 food] for consumption on the premises from those fixed for the sale of [F4 food] for consumption off the premises.

(4) A late hours catering licence shall not be required in respect of—

(a) the use as such of licensed premises within the meaning of the Licensing (Scotland) Act [F5 2005 (asp 16)] ; or

(b) premises being used in accordance with a public entertainment licence.

(5) A licensing authority may, on application made to them, exempt the use of premises requiring a late hours catering licence from the requirement to have such a licence—

(a) in respect of any particular occasion; or

(b) during a specified period not exceeding 2 months in any period of 12 months.

(6) The licensing authority may attach conditions to an exemption granted under subsection (5) above, and the provisions of Part I of this Act relating to the attaching of conditions to licences and subsection (3) above shall apply to the attaching of conditions to exemptions under this subsection.

[F6 (7) In this section “food” has the meaning given in section 1 of the Food Safety Act 1990 (c.16).]

Textual Amendments

F1 Word in s. 42(1) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F2 Word in s. 42(2) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F3 Words in s. 42(2) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F4 Word in s. 42(3) substituted (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(4), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)

F5 Words in s. 42(4)(a) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 6 para. 6(3) (with s. 143); S.S.I. 2007/472, art. 3

F6 S. 42(7) added (1.10.2012) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 177(5), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 10)