Air Weapons and Licensing (Scotland) Act 2015

1. Introduction

2. Main Purposes of the Act

3. Structure and Summary of the Act

   1. Part 1 – Air Weapons

      1. Meaning of air weapon

         1. Section 1 – Meaning of “air weapon”

      2. Air weapon certificates

         1. Section 2 – Requirement for air weapon certificate

         2. Section 3 – Application for grant or renewal of air weapon certificate

         3. Section 4 – Verification of applications

         4. Section 5 – Grant or renewal of air weapon certificate

         5. Section 6 – Air weapon certificate: conditions

         6. Section 7 – Special requirements and conditions for young persons

         7. Section 8 – Duration of air weapon certificate

         8. Section 9 – Alignment of different types of certificate

         9. Section 10 – Variation of air weapon certificate

         10. Section 11 – Revocation of air weapon certificate

      3. Permits

         1. Section 12 – Police permits

         2. Section 13 – Visitor permits

         3. Section 14 – Visitor permits: young persons

         4. Section 15 – Police and visitor permits: conditions

         5. Section 16 – Police and visitor permits: variation and revocation

         6. Section 17 – Event permits

      4. Air weapon clubs and recreational shooting facilities

         1. Section 18 – Approval of air weapon clubs

         2. Section 19 – Variation of approval

         3. Section 20 – Duration of approval

         4. Section 21 – Alignment of club approvals

         5. Section 22 – Power to enter and inspect club premises

         6. Section 23 – Requirements for recreational shooting facilities

      5. Transactions involving air weapons and commercial matters

         1. Section 24 – Restrictions on transactions involving air weapons

         2. Section 25 – Requirement for commercial sales of air weapons to be in person

      6. Enforcement

         1. Section 26 – Power of search with warrant

         2. Section 27 – Production of air weapon certificate

         3. Section 28 – Cancellation of air weapon certificate

         4. Section 29 – Forfeiture and disposal of air weapons

      7. Offences

         1. Section 30 – Failure to keep air weapons secure or to report loss to police

         2. Section 31 – False statements, certificates and permits

         3. Section 32 – Time limit for offences

         4. Section 33 – Offences by bodies corporate etc.

      8. General

         1. Section 34 – Appeals

         2. Section 35 – Fees

         3. Section 36 – Power to make further provision

         4. Section 37 – Crown application

         5. Section 38 – Transitional arrangements for existing certificate holders

         6. Section 39 – Guidance

         7. Section 40 – Interpretation of Part 1

   2. Part 2 – Alcohol Licensing

      1. Licensing objectives

         1. Section 41 – Licensing objectives: protecting young persons from harm

      2. Statements of licensing policy

         1. Section 42 – Statements of licensing policy: licensing policy periods

      3. Fit and proper person test

         1. Section 43 – Premises licence application: ground for refusal

         2. Section 44 – Application to transfer premises licence: ground for refusal

         3. Section 45 – Ground for review of premises licence

         4. Section 46 - Personal licence applications and renewals: ground for refusal

         5. Section 47 – Personal licence holders: procedure on receipt of notice of conviction

         6. Section 48 – Personal licence holders: conduct inconsistent with the licensing objectives

      4. Transfer of premises licences

         1. Section 49 – Transfer of premises licences

      5. Relevant offences and foreign offences

         1. Section 50 – Premises licences: procedure in relation to relevant offences or foreign offences

         2. Section 51 – Personal licences: procedure in relation to relevant offences or foreign offences

         3. Section 52 – Relevant offences and foreign offences: spent convictions

      6. Supply of alcohol to a child or young person

         1. Section 53 – Offences of supplying alcohol to a child or young person

      7. Miscellaneous

         1. Section 54 – Meaning of “alcohol”: inclusion of angostura bitters

         2. Section 55 – Overprovision

         3. Section 56 – Duties of Licensing Boards to produce annual reports

         4. Section 57 – Licensing Standards Officers: general function in relation to personal licences

         5. Section 58 – Powers of Licensing Standards Officers

         6. Section 59 – Interested parties

         7. Section 60 – Personal licences: grant, duration and renewal

         8. Section 61 – Processing and deemed grant of applications

         9. Section 62 – Form etc. of communications under the 2005 Act

   3. Part 3 – Civic Licensing

      1. Taxis and private hire cars

         1. Section 63 – Refusal to grant private hire car licences on grounds of overprovision

         2. Section 64 – Testing of private hire car drivers

         3. Section 65 – Exemptions from requirements of sections 10 to 21 of 1982 Act

      2. Metal dealers

         1. Section 66 – Penalties for failure to have appropriate licence or comply with conditions

         2. Section 67 – Removal of exemption warrants for certain metal dealers

         3. Section 68 – Abolition of requirement to retain metal for 48 hours

         4. Section 69 – Acceptable forms of payment for metal

         5. Section 70 – Metal dealers and itinerant metal dealers: records

         6. Section 71 – Register of dealers in metal

         7. Section 72 – Interpretation of provisions relating to metal dealers etc.

         8. Section 73 – Exemptions from requirements of sections 28 to 37 of 1982 Act

      3. Public entertainment venues

         1. Section 74 – Licensing of theatres etc.

         2. Section 75 – Restriction of exemption from requirements for public entertainment licence

      4. Sexual entertainment venues

         1. Section 76 – Licensing of sexual entertainment venues

      5. Miscellaneous and general

         1. Section 77 – Deemed grant of applications

         2. Section 78 – Revocation of Part 2 licences

         3. Section 79 – Procedure for hearings

         4. Section 80 – Conditions for Part 3 licences

         5. Section 81 – Conditions for Part 3 licences: displays or advertising

         6. Section 82 – Civic licensing standards officers

         7. Section 83 – Electronic communications under the 1982 Act

   4. Part 4 – General

      1. Section 84 – Interpretation

      2. Section 85 – Regulations

      3. Section 86 – Ancillary provision

      4. Section 87 – Minor and consequential amendments and repeals

      5. Section 88 – Commencement

      6. Section 89 – Short title

   5. Schedule 1: Exemptions

      1. Paragraph 1 – Approved air weapon clubs

      2. Paragraph 2 – Registered firearms dealers and their employees

      3. Paragraph 3 – Auctioneers

      4. Paragraph 4 - Carriers and warehouse keepers

      5. Paragraph 5 – Artistic performers

      6. Paragraph 6 – Cadet corps

      7. Paragraph 7 – Bodies corporate etc.

      8. Paragraph 8 – Holders of police permits

      9. Paragraph 9 – Holders of visitor permits

      10. Paragraph 10 – Authorised events

      11. Paragraph 11 – Supervised use of air weapons on private land

      12. Paragraph 12 – Use of air weapons at recreational shooting facilities

      13. Paragraph 13 - Museums

      14. Paragraph 14 - Air weapons on ships

      15. Paragraph 15 – Purchase of air weapons for delivery outwith Scotland

      16. Paragraph 16 – Loaning of air weapons for exempted purposes

      17. Paragraph 17 – Public servants carrying out official duties

      18. Paragraph 18 – Holders of certificates or permits with conditions

   6. Schedule 2: Minor and Consequential Amendments and Repeals

      1. Part 1 – Amendments and Repeals Relating to Part 1

         1. Paragraph 1 – Firearms Act 1968 (c.27)

         2. Paragraph 2 – Criminal Procedure (Scotland) Act 1995 (c.46)

         3. Paragraph 3 – Violent Crime Reduction Act 2006 (c.38)

      2. Part 2 – Amendments Relating to Part 2

         1. Paragraph 4 – Licensing (Scotland) Act 2005

4. Parliamentary History