Civic Government (Scotland) Act 1982

[F145HGeneral functions of a civic licensing standards officerE+W+S

(1)The general functions of a civic licensing standards officer are—

(a)to provide to any interested person information and guidance concerning the operation of Parts 1 to 3 in the officer's area,

(b)to supervise the compliance by the holder of a licence granted under Parts 1 to 3 in the officer's area with—

(i)the conditions of the licence, and

(ii)the other requirements of Parts 1 to 3,

(c)to provide mediation services for the purposes of avoiding or resolving disputes or disagreements between—

(i)the holder of a licence granted under Parts 1 to 3 in the officer's area, and

(ii)any other person,

concerning any matter relating to compliance with the conditions of the licence or the other requirements of Parts 1 to 3.

(2)The function under subsection (1)(b) includes, in particular, power for a civic licensing standards officer, where the officer believes that a condition to which the licence is subject has been or is being breached—

(a)to give a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and

(b)to refer the breach to the local authority which granted the licence for consideration at a meeting of the authority.

(3)A civic licensing standards officer may only refer a breach of a condition under subsection (2)(b) if—

(a)the officer has given notice under subsection (2)(a) and the holder of the licence has failed to comply with it, or

(b)the officer considers that it is appropriate for the breach to be referred to the authority without such a notice being given.

(4)In this section, a reference to an officer's area is a reference to—

(a)the local authority area for which the officer is appointed under section 45G(1), or

(b)where the officer is appointed for more than one local authority area, the area for which the officer is exercising a function at the relevant time.]

Textual Amendments