Search Legislation

Air Weapons and Licensing (Scotland) Act 2015

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Air Weapons and Licensing (Scotland) Act 2015, Section 61. 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.

Prospective

61Processing and deemed grant of applicationsS

This section has no associated Explanatory Notes

(1)The 2005 Act is amended as follows.

(2)After section 134 insert—

134ZADuty to acknowledge applications

(1)This section applies where a Licensing Board receive a relevant application.

(2)In a case where the Licensing Board are satisfied that the application meets the prescribed requirements they must, unless subsection (3) applies, give an acknowledgement to the applicant—

(a)confirming that they are satisfied that the application meets the prescribed requirements,

(b)listing any documents received in support of the application and the date or dates on which the documents were received by them, and

(c)informing the applicant about the period for determining the application under section 134ZB.

(3)This subsection applies where the Licensing Board consider it appropriate to determine the application on its merits without first giving an acknowledgement to the applicant.

(4)In a case where the Licensing Board are not satisfied that the application meets the prescribed requirements, they must give a notice to the applicant––

(a)indicating that they are treating the application as incomplete and not having been made, and

(b)stating their reasons for treating the application in that way.

(5)Subsection (4) does not prevent an applicant from submitting further information in support of the application if that is otherwise competent.

(6)A Licensing Board must give an acknowledgement under subsection (2) or give a notice under subsection (4) as soon as is practicable.

(7)For the purposes of this section, “prescribed requirements”, in relation to a relevant application, means the requirements (as to form, content, etc.) which are imposed by or under this Act or any other enactment in respect of the type of relevant application in question.

(8)In this section, a “relevant application” is—

(a)a premises licence application,

(b)a premises licence variation application,

(c)an application under section 33(1) to transfer a premises licence,

(d)an application under section 35(1) for variation of a premises licence on transfer,

(e)a provisional premises licence application,

(f)an application under section 46 for confirmation of a provisional premises licence,

(g)an application under section 47(2) for a temporary premises licence,

(h)an occasional licence application,

(i)an extended hours application,

(j)a personal licence application,

(k)a personal licence renewal application.

134ZBPeriod for determination of applications

(1)A Licensing Board must determine every relevant application which meets the prescribed requirements (including an application mentioned in subsection (2)) before the end of the period of 9 months beginning with (the later of)—

(a)the date on which the Licensing Board received the application, or

(b)where the application did not initially meet the prescribed requirements, the date on which the application met the prescribed requirements.

(2)Where a Licensing Board consider it appropriate to determine a relevant application without first giving an acknowledgement under section 134ZA(2), they must determine the application as soon as is practicable.

(3)A sheriff of the appropriate sheriffdom may, on an application by a Licensing Board in relation to a relevant application, extend the period for determining the application under subsection (1).

(4)The sheriff may extend the period only if—

(a)it appears to the sheriff that there is a good reason to do so, and

(b)no previous extension has been granted in relation to the relevant application.

(5)The applicant in relation to a relevant application is entitled to be a party to proceedings on an application to a sheriff under subsection (3).

(6)In this section—

  • prescribed requirements” has the same meaning as in section 134ZA,

  • relevant application” has the same meaning as in section 134ZA.

134ZCDeemed grant of applications

(1)Subsection (2) applies where a Licensing Board have failed to determine a relevant application before the expiry of the determination period.

(2)Where this subsection applies—

(a)the application is deemed to have been granted on the date on which the determination period expired, and

(b)the deemed grant of the application has the same effect, for the purposes of this Act, as if the application had been granted by the Licensing Board.

(3)A Licensing Board may not impose any conditions (other than those which they must impose under this Act) in respect of an application which is deemed to have been granted under subsection (2).

(4)Subsection (5) applies in relation to an application—

(a)that is deemed to have been granted under subsection (2), and

(b)in respect of which the Licensing Board must, on granting such an application, determine the period during which the thing applied for is to have effect.

(5)The thing applied for is to have effect for the duration of the period stated in the application (subject to any limits imposed by this Act).

(6)In this section—

  • determination period” means, in relation to a relevant application, the period for determining the application under section 134ZB(1) including (if applicable) any extension to that period granted under subsection (3) of that section,

  • prescribed requirements” has the same meaning as in section 134ZA,

  • relevant application” has the same meaning as in section 134ZA..

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