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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

137Inspection of premises before grant of licence etc.

This section has no associated Explanatory Notes

(1)In this section, “relevant proposal or application” means—

(a)a premises licence application,

(b)a premises licence variation application,

(c)a premises licence review proposal or application,

(d)an application under section 47(2) for a temporary premises licence,

(e)an occasional licence application, or

(f)an extended hours application.

(2)Any of the persons specified in subsection (3) may, at any reasonable time before the determination of a relevant proposal or application, enter the premises to which the proposal or application relates for the purposes of assessing—

(a)in the case of an application such as is mentioned in paragraph (a), (b), (d), (e) or (f) of subsection (1), the likely effect of the grant of the application on the licensing objectives, or

(b)in the case of a proposal or application such as is mentioned in paragraph (c) of that subsection, the effect which the selling of alcohol in accordance with the premises licence is having on those objectives.

(3)The persons referred to in subsection (2) are—

(a)a constable, and

(b)a Licensing Standards Officer for the council area in which the premises are situated.

(4)A person exercising the power conferred by subsection (2) may if necessary use reasonable force.

(5)A person who intentionally obstructs a person exercising the power conferred by subsection (2) commits an offence.

(6)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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