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The Premises Licence (Scotland) Amendment Regulations 2018

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Scottish Statutory Instruments

2018 No. 49

Licensing (liquor)

The Premises Licence (Scotland) Amendment Regulations 2018

Made

7th February 2018

Laid before the Scottish Parliament

9th February 2018

Coming into force

30th March 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 20(6) of the Licensing (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Premises Licence (Scotland) Amendment Regulations 2018 and come into force on 30th March 2018.

Amendment of the Premises Licence (Scotland) Regulations 2007

2.—(1) The Premises Licence (Scotland) Regulations 2007(2) are amended in accordance with paragraphs (2) and (3).

(2) After regulation 6 (operating plan) insert—

Disabled access and facilities statement

7.  A disabled access and facilities statement is to be in the form set out in schedule 6.

(3) After schedule 5 (operating plan) insert schedule 6 (disabled access and facilities statement) as set out in the schedule of these Regulations.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

7th February 2018

Regulation 2

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Premises Licence (Scotland) Regulations 2007 (“the 2007 Regulations”).

Section 20 of the Licensing (Scotland) Act 2005 (“the 2005 Act”) requires that an application for an alcohol premises licence be accompanied by an operating plan, a layout plan and any certificates required under section 50(1) of the 2005 Act. Section 179 of the Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”) amended section 20 of the 2005 Act to require that a disabled access and facilities statement must also be included with such applications.

Regulation 2(2) of these Regulations inserts a regulation 7 into the 2007 Regulations detailing that a disabled access and facilities statement is to be in the form set out in schedule 6 of the 2007 Regulations.

Regulation 2(3) and the schedule of these Regulations insert a schedule 6 into the 2007 Regulations. This provides a template of what the disabled access and facilities statement should contain.

(1)

2005 asp 16; section 20(6) was inserted by section 179(3) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”). Section 179(3) of the 2010 Act was commenced by S.S.I. 2017/445. Section 147(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

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