§ Mr. WorthingtonTo ask the Secretary of State for Scotland if he will make a statement on the current powers for local councils or the police to prevent open air events taking place on private land if there is a reason to expect that they will lead to disturbance.
§ Lord James Douglas-Hamilton[holding answer 18 November 1992]: District and island councils may licence public entertainments under section 41 of the Civic Government (Scotland) Act 1982, provided that the local authority has previously resolved to license the particular activity in question. Where an unlicensed activity takes place in an area subject to licensing controls, the organiser is liable on conviction to an exceptionally high summary fine of up to £20,000 or up to six months imprisonment or both. If alcoholic liquor were to be sold at such an event, a liquor licence would be required under the Licensing (Scotland) Act 1976. A local authority could prevent such an event taking place by refusal to grant a licence or the suspension of an existing licence under either the 1976 or the 1982 Acts.