Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Observations by Chief Constable S

53 Observations by chief constable in relation to applications. S

(1) After section 16 of the principal Act (objections in relation to applications), there shall be inserted the following section—

“16A Observations by chief constable in relation to applications.

(1) Without prejudice to section 16 of this Act, in considering an application—

(a) for the grant (including the provisional grant), renewal or permanent transfer of a licence;

(b) the regular extension of permitted hours under section 64 of this Act; or

(c) the grant of a children’s certificate under section 49 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,

a licensing board shall have regard to any observations on the application submitted by the chief constable in accordance with the following provisions of this section.

(2) Where the chief constable intends to submit observations in relation to any application, he shall, not later than seven days before the meeting of the licensing board at which the application is to be considered—

(a) lodge with the clerk of the board a written notice of his observations; and

(b) intimate his observations to the applicant in the manner provided by subsection (3) below,

and observations shall not be entertained by the licensing board unless it is proved or admitted that such observations were intimated to the applicant as aforesaid.

(3) Observations shall, for the purposes of paragraph (b) of subsection (2) above, be intimated to the applicant—

(a) by delivering to him a copy of the observations lodged with the licensing board under paragraph (a) of that subsection; or

(b) by sending him a copy of the said observations by registered post or by recorded delivery in a letter addressed to him at his proper address; or

(c) by leaving a copy of the said observations for him at his proper address;

and, for the purposes of paragraphs (b) and (c) of this subsection, the proper address of an applicant shall be as provided for in subsection (3) of section 16 of this Act.

(4) Notwithstanding anything in the foregoing provisions of this section, it shall be competent for the licensing board to entertain observations from the chief constable, lodged at any time before the hearing of an application, if the board is satisfied that there is sufficient reason why due notice and intimation of the observations could not be given, and in such a case the chief constable shall cause his observations to be intimated to the applicant before the hearing.

(5) The licensing board shall have regard to any observations submitted by the chief constable in accordance with this section whether or not they are relevant to one or more grounds on which, by virtue of section 17 of this Act, an application may be refused.”

(2) In section 31 of that Act (suspension of licences), after subsection (5) there shall be inserted the following subsection—

“(5A) Where the licensing board decides to hold a hearing as mentioned in subsection (4) above in respect of a complaint under this section which was made by a person or body other than the chief constable, the chief constable may, not less than 7 days before the hearing, lodge with the clerk of the board observations in respect of the proposed suspension of the licence, and any such observations shall be intimated by the chief constable to the holder of the licence.”