Licensing (Scotland) Act 2005

7 Duty to assess overprovision S

(1) Each licensing policy statement published by a Licensing Board must, in particular, include a statement as to the extent to which the Board considers there to be overprovision of—

(a) licensed premises, or

(b) licensed premises of a particular description,

in any locality within the Board's area.

(2) It is for the Licensing Board to determine the “localities” within the Board's area for the purposes of this Act [F1 and in doing so the Board may determine that the whole of the Board's area is a locality].

(3) In considering whether there is overprovision for the purposes of subsection (1) in any locality, the Board F2 ...—

(a) [F3 must] have regard to the number and capacity of licensed premises in the locality, F4 ...

[F5 (aa) may have regard to such other matters as the Board thinks fit including, in particular, the licensed hours of licensed premises in the locality, and]

(b) [F6 must] consult the persons specified in subsection (4).

(4) Those persons are—

(a) the [F7 chief constable],

[F8 (aa) the relevant health board,]

(b) such persons as appear to the Board to be representative of the interests of—

(i) holders of premises licences in respect of premises within the locality,

(ii) persons resident in the locality, and

(c) such other persons as the Board thinks fit.

(5) In this section, references to “licensed premises” do not include references to any premises in respect of which an occasional licence has effect.

Textual Amendments

F1 Words in s. 7(2) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(a), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F2 Word in s. 7(3) repealed (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(i), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F3 Word in s. 7(3)(a) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(ii), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F4 Word in s. 7(3) repealed (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(iii), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F5 S. 7(3)(aa) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(iv), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F6 Word in s. 7(3)(b) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(v), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F7 Words in s. 7(4)(a) 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)

F8 S. 7(4)(aa) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Commencement Information

I1 S. 7(1)(3)-(5) in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

I2 S. 7(2) in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.