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Licensing (Scotland) Act 2005
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- 2005 asp 16
- Part 3
- Conviction of licence holder etc. for relevant or foreign offence
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- Act applied (with modifications) by S.S.I. 2009/277 art. 7
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A inserted by 2010 asp 18 s. 12
- s. 24A inserted by 2010 asp 13 s. 183(3)
- s. 27A inserted by 2010 asp 18 s. 10(1)
- s. 39A inserted by 2010 asp 13 s. 182(2)
- s. 40A inserted by 2010 asp 13 s. 184(2)
- s. 70A inserted by 2010 asp 13 s. 191
- s. 84A inserted by 2010 asp 13 Sch. 6 para. 16
- s. 134A inserted by 2010 asp 13 s. 196
- s. 141A 141B inserted by 2010 asp 13 s. 195(3)
- specified purposes Appointed Day(s) by S.S.I. 2007/128 art. 2 (Day appointed for purposes of s. 6(7)(a))
Commencement Orders yet to be applied to the Licensing (Scotland) Act 2005:
Commencement Orders
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/292 art. 2 commences (2005 asp 16)
- S.S.I. 2006/239 art. 2 commences (2005 asp 16)
- S.S.I. 2006/286 art. 2 commences (2005 asp 16)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/149 art. 2(1) commences (2010 asp 8)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/354 art. 3 commences (2010 asp 13)
- S.S.I. 2011/366 art. 2 amendment to earlier commencing SSI 2011/354
Prospective
Conviction of licence holder etc. for relevant or foreign offenceS
41Duty to notify court of premises licenceS
(1)Subsection (2) applies where—
(a)a person who holds a premises licence is charged with a relevant offence, or
(b)a person charged with a relevant offence is granted a premises licence after the person's first appearance in court in connection with the offence but before—
(i)conviction and sentencing for the offence or acquittal, or
(ii)where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.
(2)The person must, not later than the person's first appearance or, as the case may be, next appearance in court in connection with the offence—
(a)produce to the court the premises licence, or
(b)if that is not practicable, notify the court of—
(i)the existence of the premises licence,
(ii)the identity of the Licensing Board which issued it, and
(iii)the reasons why it is not practicable to produce the licence.
(3)A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.
(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
42Court's duty to notify Licensing Board of convictionsS
(1)This section applies where the clerk of a court in Scotland by or before which a person is convicted of a relevant offence is aware that the person holds a premises licence.
(2)The clerk of the court must, as soon as reasonably practicable after the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the person convicted.
43Licence holder's duty to notify Licensing Board of convictionsS
(1)This section applies where any of the persons specified in subsection (2) is convicted of a relevant or foreign offence.
(2)Those persons are—
(a)the holder of a premises licence, and
(b)where—
(i)the holder of such a licence is neither an individual nor a council, or
(ii)the premises in respect of which such a licence is held are used wholly or mainly for the purposes of a club,
any connected person.
(3)The holder of the premises licence must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the licence holder.
(4)A notice of conviction under subsection (3) must—
(a)specify—
(i)the nature of the offence, and
(ii)the date of conviction, and
(b)be accompanied by—
(i)the premises licence held by the licence holder, or
(ii)if that is not practicable, a statement of the reasons for failure to produce the licence.
(5)A premises licence holder who fails, without reasonable excuse, to comply with subsection (3) commits an offence.
(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
44Procedure where Licensing Board receives notice of convictionS
(1)This section applies where the Licensing Board which issued a premises licence receives a notice of conviction relating to—
(a)the holder of the licence, or
(b)where—
(i)the holder of the licence is neither an individual nor a council, or
(ii)the premises in respect of which the licence is held are used wholly or mainly for the purposes of a club,
a connected person.
(2)The Licensing Board must give notice of the conviction to the appropriate chief constable.
(3)The appropriate chief constable must, within 21 days of the date of receipt of a notice under subsection (2), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).
(4)Those notices are—
(a)a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or foreign offence, or
(b)a notice confirming the existence of the conviction and that it relates to a relevant or foreign offence.
(5)Where the chief constable—
(a)proposes to give a notice under subsection (4)(b), and
(b)considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of the crime prevention objective that the premises licence should be varied, suspended or revoked,
the chief constable may include in the notice a recommendation to that effect.
(6)If the Licensing Board receives from the appropriate chief constable a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.
(7)If the Licensing Board receives from the appropriate chief constable a notice under subsection (4)(b), the Licensing Board must make a premises licence review proposal in respect of the premises licence.
(8)In this section, “notice of conviction” means a notice under section 42(2) or 43(3).
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