Search Legislation

Air Weapons and Licensing (Scotland) Act 2015

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Air Weapons and Licensing (Scotland) Act 2015, Section 45. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

45Ground for review of premises licenceS

This section has no associated Explanatory Notes

(1)The 2005 Act is amended as follows.

(2)In section 36 (application for review of premises licence)—

(a)in subsection (3), before paragraph (a) insert—

(za)that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises licence,,

(b)in subsection (5), before paragraph (a) insert—

(za)where the ground is that specified in subsection (3)(za), a summary of the information on which the applicant's view that the alleged ground applies is based,,

(c)after subsection (5) insert—

(5A)A person making a premises licence review application may include in the application any information that the applicant considers may be relevant to consideration by the Licensing Board of the alleged ground for review including, in particular, information in relation to—

(a)the licence holder,

(b)where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or

(c)any person who is an interested party in relation to the licensed premises..

(3)In section 37 (review of premises licence on Licensing Board's initiative)––

(a)in subsection (4), before paragraph (a) insert—

(za)where the ground is that specified in section 36(3)(za), a summary of the information on which the Board's view that the alleged ground applies is based,,

(b)after subsection (4) insert—

(5)A Licensing Board making a premises licence review proposal may include in the proposal any information that the Board considers may be relevant to their consideration of the alleged ground for review including, in particular, information in relation to—

(a)the licence holder,

(b)where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or

(c)any person who is an interested party in relation to the licensed premises..

(4)In section 39 (Licensing Board's powers on review)—

(a)after subsection (1), insert—

(1A)Subsection (1) is subject to subsection (2A).,

(b)after subsection (2), insert—

(2A)Where, at a review hearing in relation to any premises licence, the Licensing Board are satisfied that the ground for review specified in section 36(3)(za) is established, the Board must revoke the licence.

(2B)Subject to section 39B, a revocation under subsection (2A) takes effect at the end of the period of 28 days beginning with the day on which the Board makes the decision..

(5)In section 39A (notification of determinations), in subsection (1)—

(a)the word “or” immediately following paragraph (a) is repealed,

(b)after paragraph (b), insert , or

(c)decides to revoke a premises licence under section 39(2A),.

(6)After section 39A insert—

39BRecall of revocation of licence under section 39(2A)

(1)This section applies where a Licensing Board decides to revoke a premises licence under section 39(2A).

(2)The Board must recall the revocation if—

(a)a relevant application is made before the end of the period referred to in section 39(2B) (“the 28 day period”), and

(b)the Board grants the application.

(3)The Board may extend the 28 day period pending determination of a relevant application.

(4)In this section, “relevant application” means—

(a)an application under section 33(1) for the transfer of the premises licence, or

(b)a premises licence variation application seeking a variation of the licence that the Board considers would remove the ground on which the licence was revoked under section 39(2A).

(5)This section does not affect the right to appeal against the decision to revoke the licence under section 39(2A)..

(7)In Part 1 of schedule 5 (appeals to the sheriff principal), in the entry in the left-hand column relating to a decision under section 39(1), after “39(1)” insert “ or (2A) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 45 in force at 15.5.2017 by S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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