The Licensing (Scotland) Act 2005 (Transitional Provisions) Order 2009

Deemed Personal Licence

This section has no associated Executive Note

2.—(1) Where paragraph (3) or (4) applies, a personal licence is deemed to be in effect in respect of the specified premises manager during the period specified in paragraph (7) if the requirements set out in articles 3 to 5 have all been complied with.

(2) Where paragraph (5) or (6) applies, a personal licence is deemed to be in effect in respect of the individual who is to be the premises manager mentioned in article 3(1)(a) during the period specified in paragraph (7) if the requirements set out in articles 3 to 5 have all been complied with.

(3) This paragraph applies where—

(a)a Licensing Board granted a premises licence on or before 31st July 2009; and

(b)the premises manager specified in that licence as at 31st July 2009 does not hold a personal licence.

(4) This paragraph applies where—

(a)a premises licence application made no later than 28th February 2009 has not been determined; and

(b)the premises manager specified in that application as at 31st July 2009 does not hold a personal licence.

(5) This paragraph applies where—

(a)a Licensing Board granted a premises licence on or before 31st July 2009; and

(b)the individual who is to be the premises manager is not specified in the premises licence as at 31st July 2009.

(6) This paragraph applies where—

(a)a premises licence application made no later than 28th February 2009 has not been determined; and

(b)the individual who is to be the premises manager is not specified in that application as at 31st July 2009.

(7) The period runs from 5:00am on 1st September 2009 until the earlier of—

(a)the date on which the personal licence application submitted in accordance with article 4 is determined; or

(b)1st November 2009.