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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

130Effect of appeal against conviction for relevant or foreign offence

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(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.

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