Search Legislation

Advanced Search

Licensing (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

Relevant and foreign offences

129Relevant offences and foreign offences

(1)In this Act, “relevant offence” means—

(a)such offence, or

(b)an offence of such description,

as may be prescribed.

(2)In this Act, “foreign offence” means any offence—

(a)under the law of any place other than Scotland, and

(b)which is similar in nature to any relevant offence.

(3)Regulations under subsection (1) may provide, in relation to any offence or description of offence prescribed in them, that a person is to be treated, for the purposes of such provisions of this Act as may be specified in the regulations, as having been convicted of the offence only if the person—

(a)accumulates such number of separate convictions for the offence, or

(b)is convicted of committing the offence on such number of separate occasions,

as may be so specified.

(4)For the purposes of this Act, a conviction for a relevant offence or a foreign offence is to be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c. 53).

130Effect of appeal against conviction for relevant or foreign offence

(1)The fact that any conviction of any person for a relevant offence or foreign offence is subject to appeal does not affect the taking of any action by a Licensing Board which the Board is entitled or required to take in connection with the conviction by virtue of any provision of this Act.

(2)The Licensing Board may, however, postpone the taking of the action for such period as the Board considers appropriate pending the appeal.

(3)Where the conviction is overturned on appeal—

(a)any action taken by the Licensing Board in reliance on the conviction is to be treated as having no effect, and

(b)accordingly, the Licensing Board must take such steps as are necessary to return any applicant or licence holder adversely affected by the action to the position the applicant or licence holder would have been in had the action not been taken.

(4)A conviction is subject to appeal for the purposes of subsection (1) if—

(a)the period during which an appeal may be taken against the conviction has not yet expired, or

(b)an appeal is taken against the conviction and the appeal has not yet been determined.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: