Back to the Scottish Parliament Business Bulletin No. 128/2010: Friday 10 September 2010
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Section G – Bills

New amendments to Bills lodged on 9 September 2010

Alcohol etc. (Scotland) Bill – Stage 2

After section 3

Ian McKee

27 Before section 3, insert—

<Restriction on supply at reduced price of combinations of products etc. including alcohol

(1) The 2005 Act is amended as follows.

(2) In paragraph 8(2) of schedule 3 (premises licences: irresponsible drinks promotions)—

(a) after sub-sub-paragraph (g) omit "or",

(b) after sub-sub-paragraph (h) add "or

(i) allows a combination of products (or of products and services) to be supplied at a price lower than the sum of the prices at which each product or service is for sale on the premises by virtue of one of the products being alcohol".

(3) In paragraph 7(2) of schedule 4 (occasional licences: irresponsible drinks promotions)—

(a) after sub-sub-paragraph (g) omit "or",

(b) after sub-sub-paragraph (h) add "or

(i) allows a combination of products (or of products and services) to be supplied at a price lower than the sum of the prices at which each product or service is for sale on the premises by virtue of one of the products being alcohol".>

After section 4

Ian McKee

28 After section 4, insert—

<Prohibition of certain types of alcohol promotion

Prohibition of certain types of alcohol promotion

(1) The 2005 Act is amended as follows.

(2) In schedule 3 (premises licences: mandatory conditions), before paragraph 9 insert—

"Other promotions

8A(1) Coupons, products or services falling within sub-paragraph (3) must not be made available to the public on the premises.

(2) Coupons falling within sub-paragraph (3) must not be redeemed, or accepted as payment or part-payment, for any product or service on the premises.

(3) A coupon, product or service falls within this sub-paragraph if—

(a) it is—

(i) given away (whether it accompanies something else or is given away separately), or

(ii) made available for a nominal sum or at a substantial discount, and

(b) the purpose or effect of the coupon, product or service being so given or made available is to promote an alcoholic drink or alcoholic drinks generally.

(4) The Scottish Ministers may by regulations provide for the meaning of "substantial discount" in sub-paragraph (3).

(5) In this paragraph "coupon" means a document or other thing which (whether by itself or not) is intended to be redeemed for a product or service or for cash or any other benefit.".

(3) In schedule 4 (occasional licences: mandatory conditions), after paragraph 7 insert—

"Other promotions

7A(1) Coupons, products or services falling within sub-paragraph (3) must not be made available to the public on the premises.

(2) Coupons falling within sub-paragraph (3) must not be redeemed, or accepted as payment or part-payment, for any product or service on the premises.

(3) A coupon, product or service falls within this sub-paragraph if—

(a) it is—

(i) given away (whether it accompanies something else or is given away separately), or

(ii) made available for a nominal sum or at a substantial discount, and

(b) the purpose or effect of the coupon, product or service being so given or made available is to promote an alcoholic drink or alcoholic drinks generally.

(4) The Scottish Ministers may by regulations provide for the meaning of "substantial discount" in sub-paragraph (3).

(5) In this paragraph "coupon" means a document or other thing which (whether by itself or not) is intended to be redeemed for a product or service or for cash or any other benefit.".>

Ian McKee

29 After section 4, insert—

<Exclusion of alcohol from reward schemes etc.

Exclusion of alcohol from reward schemes etc.

In schedule 3 to the 2005 Act (premises licences: mandatory conditions), before paragraph 9 insert—

"Exclusion of alcohol from reward schemes etc.

8B(1) Purchases of alcohol on the premises must be excluded from any scheme through which persons accrue rewards or benefits of any kind in return for purchases.

(2) Alcohol must not be supplied on the premises as a reward or benefit under a scheme of a type mentioned in sub-paragraph (1) or in exchange for any document or other thing which has been obtained as a reward or benefit under such a scheme.".>

After section 5

Michael Matheson

30 After section 5, insert—

<Premises licences: display of notices

Premises licences: display of notices

In schedule 3 to the 2005 Act (premises licences: mandatory conditions), after paragraph 13 insert—

"Display of notices

14 (1) At least one notice must be displayed on the premises in accordance with sub-paragraph (2).

(2) The notice (or notices) must—

(a) contain a statement encouraging persons purchasing alcohol to consider the impact drinking may have on other persons (including the purchaser’s family), and

(b) be displayed in a prominent position in the premises where the statement is readily visible to persons purchasing alcohol.

(3) The Scottish Ministers may issue guidance in connection with this paragraph to Licensing Boards and such other persons as it considers appropriate; and any such guidance may in particular provide examples of statements that comply with sub-paragraph (2)(a).".>

Section 8

Dr Richard Simpson

Supported by: Rhoda Grant

31 Leave out section 8

After section 8

Dr Richard Simpson

Supported by: Rhoda Grant

32 After section 8, insert—

<Presumption against prohibition on off-sales to under 21s

In section 6 of the 2005 Act (statements of licensing policy), after subsection (3) insert—

"(3A) A Licensing Board may not, in a licensing policy statement or supplementary licensing policy statement, indicate an intention to introduce (by means of the imposition of conditions on the granting of premises licences or the variation of conditions in premises licences) a prohibition on the sale of alcohol for consumption off licensed premises to persons aged 18 or over but under 21 which applies to—

(a) all premises in its area which are licensed to sell alcohol for consumption off the premises, or

(b) premises licensed as mentioned in paragraph (a)—

(i) in a particular part of its area, or

(ii) of a particular description.".>

Children’s Hearings (Scotland) Bill – Stage 2

Section 9

Elizabeth Smith

65 In section 9, page 2, line 31, at end insert—

<( ) The National Convener, under subsection (2)(a)—

(a) may provide information about matters such as—

(i) the legal consequences of proposed decisions by children’s hearings,

(ii) whether proposed decisions are permitted under this Act, and

(iii) the range of decisions which may be made by children’s hearings in particular circumstances, but

(b) may not make recommendations about what decisions children’s hearings should make in particular cases.>

Section 184

Robin Harper

66 In section 184, page 81, line 3, leave out <16> and insert <18>

Robin Harper

67 In section 184, page 81, line 4, leave out subsections (2) to (4)

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