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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

6Statements of licensing policy

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(1)Every Licensing Board must, before the beginning of each 3 year period, publish a statement of their policy with respect to the exercise of their functions under this Act during that period (referred to in this Act as a “licensing policy statement”).

(2)A Licensing Board may, during a 3 year period, publish a supplementary statement of their policy with respect to the exercise of their functions during the remainder of that period (referred to in this Act as a “supplementary licensing policy statement”).

(3)In preparing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—

(a)ensure that the policy stated in the statement seeks to promote the licensing objectives, and

(b)consult—

(i)the Local Licensing Forum for the Board’s area,

(ii)if the membership of the Forum is not representative of the interests of all of the persons specified in paragraph 2(6) of schedule 2, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative, and

(iii)such other persons as the Board thinks appropriate.

(4)In exercising their functions under this Act during each 3 year period, a Licensing Board must have regard to the licensing policy statement, and any supplementary licensing policy statement, published by the Board in relation to that period.

(5)At the request of a Licensing Board—

(a)the appropriate chief constable, or

(b)the relevant council,

must provide to the Board such statistical or other information as the Board may reasonably require for the purpose of preparing a licensing policy statement or supplementary licensing policy statement.

(6)On publishing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—

(a)make copies of the statement available for public inspection free of charge, and

(b)publicise—

(i)the fact that the statement has been published, and

(ii)the arrangements for making copies available for public inspection in pursuance of paragraph (a).

(7)In this section, “3 year period” means—

(a)the period of 3 years beginning with such day as the Scottish Ministers may by order appoint, and

(b)each subsequent period of 3 years.

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