Licensing (Scotland) Act 2005

Updating of licenceS

48Notification of change of name or addressS

(1)A premises licence holder must, not later than one month after the occurrence of any change in—

(a)the licence holder's name or address, F1...

(b)the name or address of the premises manager specified in the licence [F2, or

(c)the name or address of any person who is—

(i)a connected person in relation to the licence holder, or

(ii)an interested party in relation to the licensed premises,]

give the appropriate Licensing Board notice of the change.

(2)A notice under subsection (1) must be accompanied by the premises licence or, if that is not practicable, by a statement of the reasons for the failure to produce the licence.

[F3(2A)Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the [F4chief constable].]

(3)A premises licence holder who fails, without reasonable excuse, to comply with subsection (1), 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2S. 48(1)(c) and word inserted (13.12.2010 for the insertion of s. 48(1)(c)(i) only) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 184(3)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch.

F4Words in s. 48(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I1S. 48 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

49Licensing Board's duty to update premises licenceS

(1)Subsection (2) applies where a Licensing Board—

(a)receives a notice under section 48(1) in relation to a premises licence,

(b)grants a premises licence variation application or otherwise makes a variation of a premises licence,

(c)grants an application under section 33(1) or 34(1) for the transfer of a premises licence,

(d)in relation to a provisional premises licence, grants—

(i)an application under section 45(7) for an extension of the provisional period, or

(ii)an application under section 46(1) for confirmation of the licence,

(e)in relation to a temporary premises licence, grants an application under section 47(6) for an extension of the period during which the licence has effect, or

(f)on reviewing a premises licence, takes any of the steps referred to in section 39(1).

(2)The Board must make any necessary amendments to the licence and, if necessary, issue a new summary of the licence.

[F5(2A)Where a Licensing Board issues a new summary of the licence under subsection (2), the Board must send a copy of the new summary of the licence to the [F6chief constable].]

(3)Where a Licensing Board is not in possession of a premises licence and—

(a)the licence has ceased to have effect under any provision of this Act, or

(b)the Board requires the licence for the purpose of complying with the duty under subsection (2),

the Board may require the licence holder to produce the licence to the Board within 14 days from the date on which the requirement is notified.

(4)A licence holder who, without reasonable excuse, fails to comply with a requirement made under subsection (3), commits an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Words in s. 49(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I2S. 49 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1