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Licensing (Scotland) Act 2005

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Licensing (Scotland) Act 2005, Section 49 is up to date with all changes known to be in force on or before 13 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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49Licensing Board's duty to update premises licenceS

This section has no associated Explanatory Notes

(1)Subsection (2) applies where a Licensing Board—

(a)receives a notice under section 48(1) in relation to a premises licence,

(b)grants a premises licence variation application or otherwise makes a variation of a premises licence,

(c)grants an application under section 33(1) or 34(1) for the transfer of a premises licence,

(d)in relation to a provisional premises licence, grants—

(i)an application under section 45(7) for an extension of the provisional period, or

(ii)an application under section 46(1) for confirmation of the licence,

(e)in relation to a temporary premises licence, grants an application under section 47(6) for an extension of the period during which the licence has effect, or

(f)on reviewing a premises licence, takes any of the steps referred to in section 39(1).

(2)The Board must make any necessary amendments to the licence and, if necessary, issue a new summary of the licence.

[F1(2A)Where a Licensing Board issues a new summary of the licence under subsection (2), the Board must send a copy of the new summary of the licence to the [F2chief constable].]

(3)Where a Licensing Board is not in possession of a premises licence and—

(a)the licence has ceased to have effect under any provision of this Act, or

(b)the Board requires the licence for the purpose of complying with the duty under subsection (2),

the Board may require the licence holder to produce the licence to the Board within 14 days from the date on which the requirement is notified.

(4)A licence holder who, without reasonable excuse, fails to comply with a requirement made under subsection (3), commits an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F2Words in s. 49(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I1S. 49 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

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