Search Legislation

Licensing (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

Delegation of functions

This section has no associated Explanatory Notes

10(1)A Licensing Board may authorise (whether generally or specifically)—

(a)any member of the Board,

(b)any committee established by the Board,

(c)the clerk of the Board, or

(d)any member of staff provided under paragraph 8(1)(b),

to exercise on behalf of the Board any of the Board’s functions under this Act, other than the functions mentioned in sub-paragraph (2).

(2)Those functions are—

(a)determining the Board’s policy for the purposes of a licensing policy statement or supplementary licensing policy statement,

(b)determining, for the purposes of any such statement, whether there is overprovision of licensed premises, or licensed premises of any particular description, in any locality,

(c)determining a premises licence application,

(d)determining a premises licence variation application where the variation sought is not a minor variation,

(e)determining an application for the transfer of a premises licence where the applicant has been convicted of a relevant offence or a foreign offence,

(f)determining—

(i)a personal licence application, or

(ii)a personal licence renewal application,

where the applicant has been convicted of a relevant offence or a foreign offence,

(g)conducting a hearing under this Act (including taking any of the steps mentioned in sub-paragraph (3) at, or as result of, the hearing),

(h)making a closure order,

(i)refusing an application for confirmation of a provisional premises licence.

(3)The steps referred in sub-paragraph (2)(g) are—

(a)at a review hearing in respect of a premises licence—

(i)issuing a written warning to the licence holder,

(ii)revoking or suspending the licence, or

(iii)making a variation of the licence, or

(b)making an order revoking, suspending or endorsing a personal licence.

(4)A Licensing Board may, under sub-paragraph (1), delegate to the clerk of the Board the function of granting an occasional licence application only where there is no notice of objection or representations in relation to the application, or no notice from the appropriate chief constable recommending refusal of the application.

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 Executive department responsible for the subject matter of the Act 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