The Licensing (Closure Orders) (Scotland) Regulations 2007

Scottish Statutory Instruments

2007 No. 35

LICENSING (LIQUOR)

The Licensing (Closure Orders) (Scotland) Regulations 2007

Made

31st January 2007

Laid before the Scottish Parliament

2nd February 2007

Coming into force

1st September 2009

The Scottish Ministers, in exercise of the powers conferred by sections 100, 134 and 146(2) of the Licensing (Scotland) Act 2005(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Licensing (Closure Orders) (Scotland) Regulations 2007 and shall come into force on 1st September 2009.

(2) In these Regulations, “the Act” means the Licensing (Scotland) Act 2005.

Closure orders

2.—(1) An application to a Licensing Board under paragraph (a) of section 97(1) of the Act is to be in the form set out in Parts A and B of Schedule 1.

(2) A closure order made under subsection (1) of section 97 of the Act is to be in the form set out in Part C of Schedule 1.

Emergency closure orders etc.

3.—(1) An emergency closure order made under subsection (2) of section 97 of the Act is to be in the form set out in Part 1 of Schedule 2.

(2) The notice to be given under subsection (3) of section 99 of the Act is to be in the form set out in Part 2 of Schedule 2.

(2) The notice to be given under subsection (2) of section 98 of the Act is to be in the form set out in Part 3 of Schedule 2.

Termination of closure orders

4.—(1) An application to a Licensing Board under paragraph (a) of section 98(3) of the Act is to be in the form set out in Parts A and B of Schedule 3.

(2) A Licensing Board is to give to the applicant notice of its decision on such an application and such notice is to be in the form set out in Part C of Schedule 3.

Notice by senior police officer

5.  As soon as practicable after a senior police officer has–

(a) made an emergency closure order under section 97(2) of the Act;

(b) terminated such an order under section 98(1) of the Act; or

(c) extended such an order under section 99(1) of the Act,

that officer is to give notice of the order, termination or extension to the Licensing Board in the area of which the premises in question are situated.

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

31st January 2007

Regulation 2

SCHEDULE 1

Regulation 3

SCHEDULE 2 EMERGENCY CLOSURE ORDER MADE UNDER SECTION 97 OF THE LICENSING (SCOTLAND) ACT 2005

Regulation 4

SCHEDULE 3

Explanatory Note

(This note is not part of the Regulations)

Sections 97 to 101 of the Licensing (Scotland) Act 2005 make provision as to the circumstances in which closure orders may be made in respect of licensed premises in consequence of actual or likely disorder or in the interests of public safety. Those sections provide as to when a closure order may be made by a Licensing Board or a senior police officer. These Regulations set out the forms to be used when applying for or making such orders and make provision as to connected matters.

(1)

2005 asp 16.