Coronavirus (Recovery and Reform) (Scotland) Act 2022

32 Alcohol licensing: how hearings may be held

(1) The Licensing (Scotland) Act 2005 is modified as follows.

(2) After section 133 insert—

“133A How hearings may be held

(1) A Licensing Board may determine that a hearing is to be held—

(a) in person,

(b) wholly through the use of remote facilities, or

(c) partly in person and partly through the use of remote facilities.

(2) When determining how a hearing is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the hearing.

(3) In subsection (1), “remote facilities” means any equipment or facility which—

(a) enables persons who are not in the same place to participate in the hearing, and

(b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).”.

(3) In paragraph 12 of schedule 1 (proceedings)—

(a) before sub-paragraph (1) insert—

“(A1) A Licensing Board may determine that a meeting is to be held—

(a) in person,

(b) wholly through the use of remote facilities, or

(c) partly in person and partly through the use of remote facilities.

(A2) When determining how a meeting is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the meeting.”,

(b) after sub-paragraph (2) insert—

“(2A) Where a meeting is held wholly or partly through the use of remote facilities, a Licensing Board complies with the requirement mentioned in sub-paragraph (2) by enabling the public to observe the meeting through the use of remote facilities (for example, by making a web link to the meeting publicly available).”,

(c) after sub-paragraph (6) insert—

“(7) In this paragraph, “remote facilities” means any equipment or facility which—

(a) enables persons who are not in the same place to participate in the meeting, and

(b) enables those persons to speak to and be heard by each other (whether or not it enables those person to see and be seen by each other).”.