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Alcohol etc. (Scotland) Bill – Stage 3
Before section 2
Jamie Stone (on behalf of the Subordinate Legislation Committee)

As an amendment to amendment 1, line 52, at end insert— Before laying a draft statutory instrument containing an order under paragraph 6A(4) of schedule 3 or paragraph 5A(4) of schedule 4 before the Parliament under subsection (5), the Scottish Ministers must consult–– (a) such body or bodies as appear to them to be representative of interests substantially affected by the proposed variation of the minimum price per unit, and (b) such other persons (if any) as they think appropriate. For the purposes of such a consultation, the Scottish Ministers must— (a) lay a copy of the proposed draft order before the Parliament, (b) send a copy of the proposed draft order to any person to be consulted (c) have regard to any representations about the proposed draft order that are made to them within 60 days of the date on which the copy of the proposed draft order is laid before the Parliament. In calculating any period of 60 days for the purposes of subsection (7)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days. When laying a draft statutory instrument containing an order under paragraph 6A(4) of schedule 3 or paragraph 5A(4) of schedule 4 before the Parliament under subsection (5), the Scottish Ministers must also lay before the Parliament an explanatory document giving details of— (a) the consultation carried out under subsection (6), (b) any representations received as a result of the consultation, and (c) the changes (if any) made to the proposed draft order as a result of those Before section 3
Ian McKee

<Restriction on supply at reduced price of combinations of products etc. including
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”, (c) after sub-paragraph (3) insert–– “(3A) Sub-paragraph (2)(i) does not apply to offers where the combination of (a) is intended to constitute a meal, and (b) may include a non-alcoholic product as an alternative to an alcoholic 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”, (c) after sub-paragraph (3) insert–– “(3A) Sub-paragraph (2)(i) does not apply to offers where the combination of (a) is intended to constitute a meal, and (b) may include a non-alcoholic product as an alternative to an alcoholic After section 4
Murdo Fraser

<Section 4: duration of amendments
The amendments made by section 4 expire at the end of the 6 year period, unless an order is made under subsection (2). The Scottish Ministers may, after the end of the 5 year period but before the end of the 6 year period, by order made by statutory instrument provide that the amendments are to continue in effect despite subsection (1). The Scottish Ministers may by order made by statutory instrument make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of the expiry of the amendments by virtue of subsection (1). An order under subsection (2) or (3) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament. “the 5 year period” means the period of 5 years beginning with the day on which section 4 comes fully into force, and “the 6 year period” means the period of 6 years beginning with that day.> Murdo Fraser

<Section 4: report on operation and effect of amendments
The Scottish Ministers must, as soon as practicable after the end of the 5 year period, lay before the Scottish Parliament a report on the operation and effect of the amendments made by section 4 during that period. The report must, in particular, contain information about the effect that the operation of the amendments has had on— (a) the licensing objectives specified in section 4 of the 2005 Act, and holders of premises licences granted under the 2005 Act, and In preparing the report, the Scottish Ministers must consult— (a) such person or persons as appear to them to be representative of the interests of— holders of premises licences granted under the 2005 Act, (b) such persons having functions in relation to— (c) such other persons (if any) as they consider appropriate. The Scottish Ministers must, as soon as practicable after the report has been laid before the Parliament, publish the report in such manner as they consider appropriate. In this section, “the 5 year period” has the meaning given in section (Section 4: duration of amendments)(5).> Ian McKee

<Prohibition of certain types of alcohol promotion Prohibition of certain types of alcohol promotion
In schedule 3 (premises licences: mandatory conditions), before paragraph 9 insert— 8A(1) Coupons, products or services falling within sub-paragraph (3) must not be made available to the public on the premises. 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. Subject to sub-paragraph (4), a coupon, product or service falls within this sub-paragraph if— (i) given away (whether it accompanies something else or is given (ii) made available for a nominal sum or at a substantial discount, and (b) the principal 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. A sample (not exceeding 25 millilitres) of an alcoholic drink given away as part of a drinks promotion permitted under paragraph 13 does not fall within sub-paragraph (3). (5) The Scottish Ministers may by regulations provide for the meaning of “substantial discount” in sub-paragraph (3). 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.”. In schedule 4 (occasional licences: mandatory conditions), after paragraph 7 insert— 7A(1) Coupons, products or services falling within sub-paragraph (3) must not be made available to the public on the premises. 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. Subject to sub-paragraph (4), a coupon, product or service falls within this sub-paragraph if— (i) given away (whether it accompanies something else or is given (ii) made available for a nominal sum or at a substantial discount, and (b) the principal 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. A sample (not exceeding 25 millilitres) of an alcoholic drink given away as part of a drinks promotion does not fall within sub-paragraph (3). (5) The Scottish Ministers may by regulations provide for the meaning of “substantial discount” in sub-paragraph (3). “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, “drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption of the premises.”.> Ian McKee

<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. 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. Sub-paragraphs (1) and (2) do not apply in relation to schemes under which— (a) a person must be a member of the body which has management and control of the premises in order to accrue rewards or benefits, or (b) a particular credit card must be used to pay for goods in order to accrue Sub-paragraph (1) does not apply in relation to schemes the intention of which is to benefit specified types of person or body and under which the rewards or benefits accrued only acquire a redeemable value once transferred to such a person or body.”.> After section 5
Jackie Baillie

<Alcoholic drinks containing caffeine Alcoholic drinks containing caffeine
In schedule 3 (premises licences: mandatory conditions), after paragraph 8 insert— “Alcoholic drinks containing caffeine Ready-mixed alcoholic drinks containing caffeine at a level equivalent to over 150 milligrams per litre must not be sold on the premises. For the purposes of sub-paragraph (1), a drink is ready-mixed if it is supplied to the premises in a sealed container in which the drink may be sold. The Scottish Ministers may by order vary the level of caffeine per litre for the time being specified in sub-paragraph (1).”. In schedule 4 (occasional licences: mandatory conditions), after paragraph 7 insert— “Alcoholic drinks containing caffeine Ready-mixed alcoholic drinks containing caffeine at a level equivalent to over 150 milligrams per litre must not be sold on the premises. For the purposes of sub-paragraph (1), a drink is ready-mixed if it is supplied to the premises in a sealed container in which the drink may be sold. The Scottish Ministers may by order vary the level of caffeine per litre for the time being specified in sub-paragraph (1).”.> Section 10
Murdo Fraser

In section 10, page 8, line 8, at end insert <who have been convicted of a relevant offence or a foreign offence,> Murdo Fraser

In section 10, page 8, line 10, after <Act”)> insert <who have been convicted of an offence under section 7 of that Act (but only> Murdo Fraser

In section 10, page 8, line 13, at end insert <who have been convicted of an offence under section 7 of that Act,> Murdo Fraser

In section 10, page 8, line 14, at end insert <who have been convicted of an offence under section 7 of that Act.> Murdo Fraser

In section 10, page 8, line 29, at end insert–– <( ) provide for discounts to charges based on relevant licence-holders’ compliance with standards of practice in relation to social responsibility specified in the regulations,> Ross Finnie

In section 10, page 9, line 6, at end insert— <( ) encouraging or rewarding good practice (as defined in regulations under subsection (1)) by relevant licence-holders,> Ross Finnie

Ross Finnie

Ross Finnie

Mary Scanlon

In section 10, page 9, line 11, at end insert— <“relevant offence” and “foreign offence” have the meanings given in section 129 of the 2005 Act.> Section 11
Ross Finnie

In section 11, page 9, line 25, after <10(2)),> insert— (ii) having an interest in alcohol policy, (iii) representing the interests of children and young people, Jamie Stone (on behalf of the Subordinate Legislation Committee)

In section 11, page 9, line 26, at end insert— For the purposes of such a consultation, the Scottish Ministers must— (a) lay a copy of the proposed draft regulations before the Parliament, (b) send a copy of the proposed draft regulations to any person to be consulted under (c) have regard to any representations about the proposed draft regulations that are made to them within 60 days of the date on which the copy of the proposed draft regulations is laid before the Parliament. In calculating any period of 60 days for the purposes of subsection (4)(c), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days. (6) When laying a draft statutory instrument containing regulations under section 10(1) before the Parliament under subsection (2), the Scottish Ministers must also lay before the Parliament an explanatory document giving details of— (a) the consultation carried out under subsection (3), (b) any representations received as a result of the consultation, and (c) the changes (if any) made to the proposed draft regulations as a result of those Murdo Fraser

In section 11, page 9, line 26, at end insert— <( ) A period of at least 12 weeks must be allowed for consultation under subsection (3).> Mary Scanlon

In section 11, page 9, line 26, at end insert— <( ) Before laying a draft statutory instrument containing regulations under section 10(1) before the Parliament, the Scottish Ministers must— (a) assess the economic impact of the charges to be imposed by virtue of those (b) publish that assessment in such manner as they consider appropriate.> Mary Scanlon

In section 11, page 9, line 26, at end insert— No statutory instrument containing regulations under section 10(1) may be made before 1 September 2014.> After section 11
Murdo Fraser

<Social responsibility levy: duration of effect
Sections 10 and 11 cease to have effect on the expiry of the 6 year period, unless an order is made under subsection (2). The Scottish Ministers may, after the end of the 5 year period but before the end of the 6 year period, by order made by statutory instrument provide that sections 10 and 11 are to continue in effect despite subsection (1). The Scottish Ministers may by order made by statutory instrument make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of sections 10 and 11 ceasing to have effect by virtue of subsection (1). An order under subsection (2) or (3) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament. “the 5 year period” means the period of 5 years beginning with the day on which the first statutory instrument containing regulations under section 10(1) is made, and “the 6 year period” means the period of 6 years beginning with that day.> Murdo Fraser

<Report on operation and effect of social responsibility levy
The Scottish Ministers must, as soon as practicable after the end of the 5 year period, lay before the Scottish Parliament a report on the operation and effect of the charges introduced by regulations under section 10(1) during that period. The report must, in particular, contain information about the effect that the charges have had on— (a) the licensing objectives specified in section 4 of the 2005 Act, and (b) the businesses of relevant licence-holders. In preparing the report, the Scottish Ministers must consult— (b) such person or persons as appear to them to be representative of the interests of–– (c) such other persons (if any) as they consider appropriate. The Scottish Ministers must, as soon as practicable after the report has been laid before the Parliament, publish the report in such manner as they consider appropriate. “the 5 year period” has the meaning given in section (Social responsibility levy: duration of effect)(5), and “relevant licence-holders” has the meaning given in section 10(2).>

Source: http://www.sllp.co.uk/alcoholbill/Non-Government%20Amendments%20Stage%203.pdf