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Licensing (Scotland) Act 2005
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- 2005 asp 16
- Part 6
- Miscellaneous
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- specified purposes Appointed Day(s) by S.S.I. 2007/128 art. 2 (Day appointed for purposes of s. 6(7)(a))
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- Act applied (with modifications) by S.S.I. 2009/277 art. 7
- Act power to modify conferred by 2010 asp 18 s. 15(1)(c)(i)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A and cross-heading inserted by 2010 asp 18 s. 12
- s. 12A title substituted by 2012 asp 8 sch. 7 para. 29(5)
- s. 12A(1) word substituted by 2012 asp 8 sch. 7 para. 29(4)(a)
- s. 12A(1) words repealed by 2012 asp 8 sch. 7 para. 29(4)(b)
- s. 24A inserted by 2010 asp 13 s. 183(3)
- s. 24A(1)(2) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 27A inserted by 2010 asp 18 s. 10(1)
- s. 27A(9)(b)(i) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 39A inserted by 2010 asp 13 s. 182(2)
- s. 40A inserted by 2010 asp 13 s. 184(2)
- s. 40A(3) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 70A inserted by 2010 asp 13 s. 191
- s. 84A inserted by 2010 asp 13 Sch. 6 para. 16
- s. 84A(1) words substituted by 2012 asp 8 sch. 7 para. 29(6)(a)
- s. 84A(2) words substituted by 2012 asp 8 sch. 7 para. 29(6)(b)
- s. 134A inserted by 2010 asp 13 s. 196
- s. 141A 141B inserted by 2010 asp 13 s. 195(3)
Commencement Orders yet to be applied to the Licensing (Scotland) Act 2005:
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
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 Sch. commences (2010 asp 18)
- 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
MiscellaneousS
90Power to specify which Licensing Board is to exercise functions under this PartS
(1)The Scottish Ministers may by order provide for any function exercisable under this Part by a Licensing Board of a particular description to be exercisable instead by a Licensing Board of such other description as may be specified in the order.
(2)An order under subsection (1) may—
(a)modify this Act, and
(b)make different provision in relation to different functions.
91Power to prescribe licensing qualificationsS
(1)In this Act, “licensing qualification” means—
(a)such qualification, or
(b)a qualification of such description,
as may be prescribed.
(2)Regulations under subsection (1) may, in particular—
(a)prescribe qualifications or descriptions of qualifications by reference to whether they are—
(i)accredited, or
(ii)awarded by a person who is accredited,
for the purposes of this section by the Scottish Ministers in accordance with the regulations,
(b)prescribe qualifications or descriptions of qualifications awarded outwith Scotland (as well as qualifications awarded within Scotland),
(c)prescribe different qualifications in relation to different licensed premises or licensed premises of different descriptions, and
(d)prescribe such qualifications as the appropriate licensing qualifications in relation to those descriptions of licensed premises for the purposes of paragraph 4(2) of schedule 3.
92Theft, loss etc. of personal licenceS
(1)This section applies where the Licensing Board which issued a personal licence receives from the holder of the licence an application for a replacement personal licence.
(2)If satisfied that—
(a)the personal licence held by the applicant has been lost, stolen, damaged or destroyed, and
(b)where it has been lost or stolen, the applicant has reported the loss or theft to the police,
the Licensing Board must issue to the applicant a replacement personal licence.
(3)A replacement personal licence is a copy of the personal licence held by the applicant—
(a)in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and
(b)certified by the Board to be a true copy.
(4)In this Act, references to a personal licence include references to a replacement personal licence issued under this section.
93Licence holder's duty to produce licenceS
(1)This section applies where the holder of a personal licence is working at any licensed premises.
(2)A constable or Licensing Standards Officer may, at any time when the licence holder is on the licensed premises, require the licence holder to produce the licence for examination.
(3)A person who fails, without reasonable excuse, to comply with a requirement made under 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.
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