Licensing (Scotland) Act 2005

82 Licence holder’s duty to notify Licensing Board of convictions

(1) This section applies where a personal licence holder is convicted of a relevant or foreign offence.

(2) The licence holder must, no later than one month after the date of the conviction, give notice of the conviction to—

(a) the Licensing Board which issued the personal licence held by the licence holder, and

(b) if different, the Licensing Board for the area in which are situated any licensed premises in which the licence holder is working.

(3) A notice of conviction under subsection (2) must—

(a) specify—

(i) the nature of the offence, and

(ii) the date of the conviction, and

(b) be accompanied by—

(i) the personal licence held by the licence holder, or

(ii) if that is not practicable, a statement of the reasons for failure to produce the licence.

(4) Where—

(a) a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and

(b) that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),

the receiving Board must give notice of the conviction to the other Board.

(5) A licence holder who fails, without reasonable excuse, to comply with subsection (2) commits an offence.

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