In light of the reported growth in online and rapid alcohol delivery services, what its assessment is of the adequacy of the current licens…

The main piece of legislation that controls the sale of alcohol is the Licensing (Scotland) Act 2005 (“the 2005 Act”) and it covers situations where alcohol is sold online and dispatched from Scottish premises.While the Scottish Government has responsibility for the overarching legislation, the day to day administration of the licensing regime, as set out in the 2005 Act, is devolved to independent Licensing Boards – in effect the 32 Scottish local authorities. Licensing Boards have wide discretion to determine appropriate licensing arrangements according to local needs and circumstances, and their own legal advice.The Scottish Government will continue to generally engage with a range of licensing stakeholders to help keep the alcohol licensing framework under review.The 2005 Act makes provision for the licensing of premises in Scotland where alcohol is sold online and despatched from Scottish premises. Licensing legislation also imposes a requirement for a delivery book or invoice to be held by anyone delivering alcohol. There are offences in relation to delivering without such records, and refusal to co-operate with a constable or local authority Licensing Standards Officer (LSO) if they want to inspect their vehicle (or any other form of transport used to conduct deliveries), or records.The 2005 Act also prohibits late night deliveries of alcohol to a premises – other than a licensed premise – between the hours of midnight and six am. Any person who delivers alcohol or who knowingly allows the alcohol to be delivered commits an offence.It is an offence to supply alcohol to an under 18 and delivery companies must verify age when delivering alcohol to avoid committing an offence.Further information is available in this Scottish Government alcohol licensing guidance document for Licensing Boards and local authorities. I would refer you to Chapter 12 ‘Sale and Supply of Alcohol to Children and Young Persons’ and Chapter 13 ‘Other Offences’: https://www.gov.scot/publications/licensing-scotland-act-2005-section-142-guidance-licensing-boards/