Licensing (Scotland) Act 2005

77 Period of effect of personal licence S

(1) A personal licence has effect, subject to the following provisions of this section, during the period of 10 years beginning with the date on which it is issued.

(2) That period, and any subsequent extension of it under this subsection, is extended for a further period of 10 years if a personal licence renewal application is granted in respect of the licence.

(3) A personal licence does not have effect for any period during which it is suspended by virtue of any provision of this Act.

(4) Subsection (3) does not affect the calculation of the period during which a personal licence has effect by virtue of subsection (1) as read with subsection (2).

(5) A personal licence ceases to have effect if—

(a) the licence is revoked under any provision of this Part, or

(b) the Licensing Board which issued the licence receives from the personal licence holder a notice under subsection (6).

(6) That is a notice—

(a) accompanied by the personal licence or, where that is not practicable, by a statement of reasons for failure to produce the licence, and

(b) stating that the licence holder wishes to surrender the licence.

(7) The date of expiry of the period during which a personal licence has effect is referred to in this Act as the “expiry date” of the licence.

(8) Not later than [F1 9] months before the expiry date of a personal licence, the Licensing Board which issued the licence must give notice to the licence holder that the licence will cease to have effect on the expiry date unless renewed.

Textual Amendments

F1 Word in s. 77(8) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(3), 88(2); S.S.I. 2017/119, art. 2, sch.

Modifications etc. (not altering text)

C1 S. 77 modified (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 23

C2 S. 77(1) excluded (30.6.2019) by The Licensing (Personal Licences Supplemental and Transitional Provision) (Scotland) Order 2019 (S.S.I. 2019/177), arts. 1(1), 2(2)

Commencement Information

I1 S. 77 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1