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The Gambling Act 2005 (Review of Premises Licences) (Scotland) Regulations 2007
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- 2007 No. 394
- Regulation 9
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Failure to give proper notice of intention to hold a review to a responsible authority
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9.—(1) This regulation applies where a licensing authority, which give notice under section 200(3)(a) of the Act to a responsible authority, fail to give a proper notice of their intention to hold a review within the period provided for under regulation 7(3).
(2) For the purposes of paragraph (1), a licensing authority fail to give a proper notice of their intention to hold a review if they fail to give a notice to the responsible authority which complies with the requirements of these Regulations as to the form and manner in which it is to be given.
(3) Subject to paragraph (5), where the licensing authority fail to give proper notice of their intention to hold a review to a responsible authority, they must give notice to that authority in a form and manner which complies with the requirements of these Regulations (other than as to the period within which the notice is to be given) as soon as practicable after the end of the period referred to in regulation 7(3)).
(4) In a case to which this regulation applies, the responsible authority concerned may make any representations about the application within the period of 28 days starting on the day on which the notice referred to in paragraph (3) is received.
(5) Regulation 7(2) is to have effect in relation to the notice to be given under paragraph (3) as if it required the notice to specify the period referred to in paragraph (4) as the period during which representations about the application may be made by the responsible authority to which the notice is given.
(6) The licensing authority may not grant the application until–
(a)notice has been given by the applicant in accordance with paragraph (3); and
(b)the period referred to in paragraph (4) has elapsed.
(7) Subject to paragraph (6), the licensing authority may disregard any irregularity in relation to the giving of the notice under section 200(3)(a) of the Act to the responsible authority concerned.
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