Search Legislation

Licensing (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

84Conduct inconsistent with the licensing objectives

This section has no associated Explanatory Notes

(1)This section applies where, in the course of a review hearing in respect of any premises licence, a Licensing Board makes a finding such as is mentioned in subsection (2) in relation to any personal licence holder who is or was working in the licensed premises in respect of which the premises licence was issued (“the licensed premises concerned”).

(2)That finding is a finding that the licence holder concerned, while working as mentioned in subsection (1), acted in a manner which was inconsistent with any of the licensing objectives.

(3)The Licensing Board making the finding must—

(a)if the licence holder concerned is, at the time of the finding, working in licensed premises (whether the licensed premises concerned or other licensed premises) in that Board’s area, hold a hearing,

(b)in any other case, give notice to the relevant Licensing Board of their finding together with a recommendation as to whether the personal licence held by the licence holder concerned should be revoked, suspended or endorsed.

(4)In subsection (3)(b), “relevant Licensing Board” means—

(a)if the Licensing Board making the finding referred to in subsection (1) has reason to believe that the licence holder concerned is working at licensed premises situated in the area of another Licensing Board, that other Licensing Board,

(b)in any other case, the Licensing Board which issued the personal licence held by the licence holder concerned.

(5)Where a Licensing Board receives a notice and recommendation under subsection (3)(b), the Board must hold a hearing.

(6)At a hearing under subsection (3)(a) or (5), the Licensing Board may—

(a)after giving—

(i)the licence holder concerned, and

(ii)such other persons as they consider appropriate,

an opportunity to be heard, and

(b)if satisfied that it is necessary to do so for the purposes of any of the licensing objectives,

make an order under subsection (7).

(7)That is an order—

(a)revoking,

(b)suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c)endorsing,

the personal licence held by the licence holder concerned.

(8)Where the Licensing Board makes an order under subsection (7), the Board must give—

(a)the licence holder concerned,

(b)where the hearing was held in pursuance of a notice given under subsection (3)(b), the Licensing Board which gave the notice, and

(c)if different, the Licensing Board which issued the personal licence,

notice of the order and of the reasons for making it.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources