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Licensing (Scotland) Act 2005
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- 2005 asp 16
- Part 5
- Occasional extensions
- Section 70
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- s. 70(1)(a) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 70(4)(b) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- specified purposes Appointed Day(s) by S.S.I. 2007/128 art. 2 (Day appointed for purposes of s. 6(7)(a))
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- Act applied (with modifications) by S.S.I. 2009/277 art. 7
- Act power to modify conferred by 2010 asp 18 s. 15(1)(c)(i)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A and cross-heading inserted by 2010 asp 18 s. 12
- s. 12A title substituted by 2012 asp 8 sch. 7 para. 29(5)
- s. 12A(1) word substituted by 2012 asp 8 sch. 7 para. 29(4)(a)
- s. 12A(1) words repealed by 2012 asp 8 sch. 7 para. 29(4)(b)
- s. 24A inserted by 2010 asp 13 s. 183(3)
- s. 24A(1)(2) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 27A inserted by 2010 asp 18 s. 10(1)
- s. 27A(9)(b)(i) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 39A inserted by 2010 asp 13 s. 182(2)
- s. 40A inserted by 2010 asp 13 s. 184(2)
- s. 40A(3) words substituted by 2012 asp 8 sch. 7 para. 29(2)(3)
- s. 70A inserted by 2010 asp 13 s. 191
- s. 84A inserted by 2010 asp 13 Sch. 6 para. 16
- s. 84A(1) words substituted by 2012 asp 8 sch. 7 para. 29(6)(a)
- s. 84A(2) words substituted by 2012 asp 8 sch. 7 para. 29(6)(b)
- s. 134A inserted by 2010 asp 13 s. 196
- s. 141A 141B inserted by 2010 asp 13 s. 195(3)
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2008/292 art. 2 commences (2005 asp 16)
- S.S.I. 2006/239 art. 2 commences (2005 asp 16)
- S.S.I. 2006/286 art. 2 commences (2005 asp 16)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/149 art. 2 Sch. commences (2010 asp 18)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.S.I. 2011/354 art. 3 commences (2010 asp 13)
- S.S.I. 2011/366 art. 2 amendment to earlier commencing SSI 2011/354
70Determination of extended hours applicationS
This section has no associated Explanatory Notes
(1)In determining an extended hours application, the Licensing Board must take into account—
(a)any notice of objection given by the appropriate Chief Constable under section 69(2), and
(b)the Licensing Standards Officer's report under section 69(3).
(2)The Board may hold a hearing for the purpose of determining an extended hours application.
(3)Where the Board does not hold a hearing for that purpose, the Board must, before determining the application, ensure that the applicant is given an opportunity to comment on any such notice or report as is mentioned in subsection (1).
(4)Where a Licensing Board grants or refuses an extended hours application, the Board must give notice of the grant or refusal to—
(a)the applicant,
(b)the appropriate chief constable, and
(c)any Licensing Standards Officer for the area in which the subject premises are situated.
(5)A person to whom notice is given under subsection (4) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.
(6)Where the clerk of a Licensing Board receives a notice under subsection (5), the Board must issue a statement of the reasons for the grant or refusal of the application to—
(a)each person giving the notice, and
(b)each other person to whom the Board gave notice under subsection (4).
(7)A statement of reasons under subsection (6) must be issued—
(a)by such time, and
(b)in such form and manner,
as may be prescribed.
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