Licensing (Scotland) Act 2005 (asp 16)

Licensing (Scotland) Act 2005

2005 asp 16

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th November 2005 and received Royal Assent on 21st December 2005

An Act of the Scottish Parliament to make provision for regulating the sale of alcohol, and for regulating licensed premises and other premises on which alcohol is sold; and for connected purposes.

Modifications etc. (not altering text)

C1 Act applied (with modifications) (30.7.2009) by Licensing (Scotland) Act 2005 (Transitional Provisions) Order 2009 (S.S.I. 2009/277), art. 7

C2 Act power to modify conferred (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 15(1)(c)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Part 1 S Core provisions

1 Prohibition of unlicensed sale of alcohol S

(1) Alcohol is not to be sold on any premises except under and in accordance with—

(a) a premises licence, or

(b) an occasional licence,

granted under this Act in respect of the premises.

(2) Subsection (1) does not apply to the selling of alcohol—

(a) on exempt premises, or

(b) to trade.

(3) A person who—

(a) sells alcohol, or

(b) F1 ... allows alcohol to be sold,

in breach of subsection (1) commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to—

(a) a fine not exceeding £20,000,

(b) imprisonment for a term not exceeding 6 months, or

(c) both.

Textual Amendments

F1 Word in s. 1(3)(b) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 195(2)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I1 S. 1 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

2 Meaning of “alcohol” S

(1) In this Act, “alcohol”—

(a) means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but

(b) does not include—

(i) alcohol which is of a strength of 0.5% or less at the time of its sale,

(ii) perfume,

(iii) any flavouring essence recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,

F2 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) alcohol which is, or is included in, a medicinal product,

(vi) denatured alcohol,

(vii) methyl alcohol,

(viii) naphtha, or

(ix) alcohol contained in liqueur confectionery.

(2) In this section—

• “beer”, “cider”, “denatured alcohol”, “dutiable alcoholic liquor” and “wine” have the same meanings as in the Alcoholic Liquor Duties Act 1979 (c. 4), and

• “medicinal product” has the same meaning as in section 130 of the Medicines Act 1968 (c. 67).

Textual Amendments

F2 S. 2(1)(b)(iv) repealed (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 54, 88(2); S.S.I. 2017/119, art. 2, sch.

Commencement Information

I2 S. 2 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, sch.

3 Certain supplies of alcohol to be treated as sales S

(1) A supply of alcohol which is not otherwise a sale of the alcohol is, in the circumstances described in subsection (2) or (3), to be treated for the purposes of this Act as if it were a sale of the alcohol.

(2) The first set of circumstances is where the supply is by or on behalf of a club to, or to the order of, a member of the club.

(3) The second set of circumstances is where the supply is made to, or to the order of, a person pursuant to a right acquired by the person under a contract.

Commencement Information

I3 S. 3 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

4 The licensing objectives S

(1) For the purposes of this Act, the licensing objectives are—

(a) preventing crime and disorder,

(b) securing public safety,

(c) preventing public nuisance,

(d) protecting and improving public health, and

(e) protecting children [F3 and young persons] from harm.

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in s. 4(1)(e) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 41, 88(2); S.S.I. 2017/119, art. 2, sch.

F4 S. 4(2) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 2; S.S.I. 2011/354, art. 2, sch. (with art. 5)

Commencement Information

I4 S. 4 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, sch.

Part 2 S Licensing bodies and officers

Licensing Boards S

5 Licensing Boards S

(1) There is to continue to be a Licensing Board for—

(a) the area of each council whose area is not, at the time this section comes into force, divided into licensing divisions under section 46(1) of the Local Government etc. (Scotland) Act 1994 (c. 39) (“the 1994 Act”), and

(b) each licensing division of such an area which is so divided at that time.

(2) A council whose area is not so divided at that time may subsequently make a determination that their area is to be divided into divisions for the purposes of this Act.

(3) Where a council makes such a determination—

(a) there is to be a separate Licensing Board for each of the divisions,

(b) the Licensing Board for the council's area is dissolved on the date on which those separate Licensing Boards are elected in accordance with schedule 1, and

(c) anything done by the Licensing Board for the council's area before the Board is dissolved is, to the extent that it has effect at that time, to have effect after that time as if done by such of the separate Licensing Boards as the council may determine.

(4) A council which has made a determination (whether under subsection (2) or section 46(1) of the 1994 Act) that their area is to be divided into divisions may revoke the determination.

(5) Where a council revokes such a determination—

(a) there is to be a single Licensing Board for the whole of the council's area,

(b) each of the Licensing Boards for the divisions is dissolved on the date on which the single Licensing Board is elected in accordance with schedule 1, and

(c) anything done by the Licensing Boards for the divisions before they are dissolved is, to the extent that it has effect at that time, to have effect after that time as if done by the single Licensing Board.

(6) Subsection (7) applies where a council—

(a) makes a determination under subsection (2), or

(b) revokes such a determination or a determination made under section 46(1) of the 1994 Act.

(7) The council must, no later than 7 days after the making of the determination or the revocation—

(a) notify the Scottish Ministers of the determination or revocation, and

(b) publicise it in such manner as the council sees fit.

(8) Schedule 1 makes further provision about the constitution of Licensing Boards, their procedure and other administrative matters relating to them.

Commencement Information

I5 S. 5 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

6 Statements of licensing policy S

(1) Every Licensing Board must, before the beginning of each [F5 licensing policy period], publish a statement of their policy with respect to the exercise of their functions under this Act during that period (referred to in this Act as a “licensing policy statement”).

(2) A Licensing Board may, during a [F6 licensing policy period], publish a supplementary statement of their policy with respect to the exercise of their functions during the remainder of that period (referred to in this Act as a “supplementary licensing policy statement”).

(3) In preparing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—

(a) ensure that the policy stated in the statement seeks to promote the licensing objectives, and

(b) consult—

(i) the Local Licensing Forum for the Board's area,

(ii) if the membership of the Forum is not representative of the interests of all of the persons specified in paragraph 2(6) of schedule 2, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative, F7 ...

[F8 (iia) the relevant health board, and]

(iii) such other persons as the Board thinks appropriate.

[F9 (3ZA) A Licensing Board may, in preparing a licensing policy statement, decide that the licensing policy period to which the statement relates is to begin on a date earlier than it otherwise would under subsection (7).

(3ZB) Where a Licensing Board make a decision under subsection (3ZA) they must, when publishing the licensing policy statement under subsection (6), publicise the date on which they have decided the licensing policy period is to begin.]

[F10 (3A) A Licensing Board may not, in a licensing policy statement or supplementary licensing policy statement, indicate an intention to introduce (by means of the imposition of conditions on the granting of premises licences or the variation of conditions in premises licences) a prohibition on the sale of alcohol for consumption off licensed premises to persons aged 18 or over but under 21 which applies to—

(a) all premises in its area which are licensed to sell alcohol for consumption off the premises, or

(b) premises licensed as mentioned in paragraph (a)—

(i) in a particular part of its area, or

(ii) of a particular description.]

(4) In exercising their functions under this Act during each [F11 licensing policy period], a Licensing Board must have regard to the licensing policy statement, and any supplementary licensing policy statement, published by the Board in relation to that period.

(5) At the request of a Licensing Board—

(a) the [F12 chief constable], F13 ...

[F14 (aa) the relevant health board, or]

(b) the relevant council,

must provide to the Board such statistical or other information as the Board may reasonably require for the purpose of preparing a licensing policy statement or supplementary licensing policy statement.

(6) On publishing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—

(a) make copies of the statement available for public inspection free of charge, and

(b) publicise—

(i) the fact that the statement has been published, and

(ii) the arrangements for making copies available for public inspection in pursuance of paragraph (a).

[F15 (7) Subject to subsection (3ZA), in this section, “licensing policy period” means the period between each relevant date.

(8) For the purposes of subsection (7), “relevant date” means the date occurring 18 months after an ordinary election of councillors for local government areas takes place under section 5 of the Local Government etc. (Scotland) Act 1994.]

Textual Amendments

F5 Words in s. 6(1) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 42(a), 88(2); S.S.I. 2016/132, art. 2(a) (with art. 3)

F6 Words in s. 6(2) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 42(b), 88(2); S.S.I. 2016/132, art. 2(a) (with art. 3)

F7 Word in s. 6(3)(b) omitted (1.10.2011) by virtue of Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(a)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F8 S. 6(3)(b)(iia) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(a)(ii), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F9 S. 6(3ZA)(3ZB) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 42(c), 88(2); S.S.I. 2016/132, art. 2(a) (with art. 3)

F10 S. 6(3A) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 9, 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F11 Words in s. 6(4) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 42(d), 88(2); S.S.I. 2016/132, art. 2(a) (with art. 3)

F12 Words in s. 6(5)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2)(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F13 Word in s. 6(5) omitted (1.10.2011) by virtue of Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(b)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F14 S. 6(5)(aa) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(b)(ii), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F15 S. 6(7)(8) substituted for s. 6(7) (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 42(d), 88(2); S.S.I. 2016/132, art. 2(a) (with art. 3)

Commencement Information

I6 S. 6 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

7 Duty to assess overprovision S

(1) Each licensing policy statement published by a Licensing Board must, in particular, include a statement as to the extent to which the Board considers there to be overprovision of—

(a) licensed premises, or

(b) licensed premises of a particular description,

in any locality within the Board's area.

(2) It is for the Licensing Board to determine the “localities” within the Board's area for the purposes of this Act [F16 and in doing so the Board may determine that the whole of the Board's area is a locality].

(3) In considering whether there is overprovision for the purposes of subsection (1) in any locality, the Board F17 ...—

(a) [F18 must] have regard to the number and capacity of licensed premises in the locality, F19 ...

[F20 (aa) may have regard to such other matters as the Board thinks fit including, in particular, the licensed hours of licensed premises in the locality, and]

(b) [F21 must] consult the persons specified in subsection (4).

(4) Those persons are—

(a) the [F22 chief constable],

[F23 (aa) the relevant health board,]

(b) such persons as appear to the Board to be representative of the interests of—

(i) holders of premises licences in respect of premises within the locality,

(ii) persons resident in the locality, and

(c) such other persons as the Board thinks fit.

(5) In this section, references to “licensed premises” do not include references to any premises in respect of which an occasional licence has effect.

Textual Amendments

F16 Words in s. 7(2) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(a), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F17 Word in s. 7(3) repealed (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(i), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F18 Word in s. 7(3)(a) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(ii), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F19 Word in s. 7(3) repealed (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(iii), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F20 S. 7(3)(aa) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(iv), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F21 Word in s. 7(3)(b) inserted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(2)(b)(v), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F22 Words in s. 7(4)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2)(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F23 S. 7(4)(aa) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Commencement Information

I7 S. 7(1)(3)-(5) in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

I8 S. 7(2) in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

8 Applicants attempting to influence Board members S

(1) If a person making an application under this Act to a Licensing Board attempts, at any time before the application is determined by the Board, to influence a member of the Board to support the application, the person commits an offence.

(2) If, in relation to any application made to, but not yet determined by, a Licensing Board under this Act, proceedings for an offence under subsection (1) are brought against the applicant—

(a) the Board must not determine the application until after the proceedings are concluded, and

(b) if the applicant is convicted of the offence, the Board may refuse to consider the application.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I9 S. 8 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

9 Licensing Board's duty to keep a public register S

(1) Each Licensing Board must keep a register (referred to in this Act as a “licensing register”) containing information relating to—

(a) premises licences, personal licences and occasional licences issued by the Board,

(b) the Board's decisions in relation to applications made to the Board under this Act, and

(c) other decisions of the Board relating to the licences mentioned in paragraph (a).

(2) The Scottish Ministers may by regulations make provision as to—

(a) matters, in addition to those specified in paragraphs (a) to (c) of subsection (1), in relation to which licensing registers are to contain information,

(b) the information which such registers are to contain, and

(c) the form and manner in which the registers are to be kept.

(3) A Licensing Board must make the licensing register kept by the Board available for public inspection at all reasonable times.

Commencement Information

I10 S. 9 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F24 9A Annual functions report S

(1) Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.

(2) A report under this section must include—

(a) a statement explaining how the Board has had regard to—

(i) the licensing objectives, and

(ii) their licensing policy statement and any supplementary licensing policy statement (including the Board's statement under section 7(1) (duty to assess overprovision)),

in the exercise of their functions under this Act during the financial year,

(b) a summary of the decisions made by (or on behalf of) the Board during the financial year, and

(c) information about the number of licences held under this Act in the Board's area (including information about the number of occasional licences issued during the year).

(3) A report under this section may include such other information about the exercise of the Licensing Board's functions under this Act as the Board consider appropriate.

(4) At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.

(5) In discharging their duties under subsection (1) and section 9B(1) (annual financial report), a Licensing Board may, if they consider it appropriate, prepare and publish a combined report containing the information required under this section and under section 9B (which combined report must be published not later than 3 months after the end of the financial year in question).

(6) The Scottish Ministers may by regulations make further provision about reports under this section including, in particular, provision about—

(a) the form and required content of reports,

(b) the publication of reports.

(7) In this section, “ financial year ” means a yearly period ending on 31 March.

Textual Amendments

F24 Ss. 9A, 9B inserted (1.12.2015 for specified purposes, 15.5.2017 for the insertion of s. 9B in so far as not already in force, 20.12.2017 in so far as not already in force) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 56(2), 88(2); S.S.I. 2015/382, art. 2, sch.; S.S.I. 2017/119, art. 2, sch.; S.S.I. 2017/424, art. 2(a)

9B Annual financial report S

(1) Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.

(2) A report under this section must include—

(a) a statement of—

(i) the amount of relevant income received by the Licensing Board during the financial year, and

(ii) the amount of relevant expenditure incurred in respect of the Board's area during the year, and

(b) an explanation of how the amounts in the statement were calculated.

(3) For the purposes of subsection (2)—

• “ relevant income ”, in relation to a Licensing Board, means income received by the Board in connection with the exercise of the Board's functions under or by virtue of—

  (a)

  this Act, or

  (b)

  section 14(1) of the Alcohol etc. (Scotland) Act 2010 (social responsibility levy) in so far as relating to holders of premises licences or occasional licences, and

• “ relevant expenditure ”, in relation to a Licensing Board, means any expenditure—

  (a)

  which is attributable to the exercise of the Board's functions under or by virtue of—

  (i)

  this Act, or

  (ii)

  section 14(1) of the Alcohol etc. (Scotland) Act 2010 (social responsibility levy) in so far as relating to holders of premises licences or occasional licences, and

  (b)

  which is incurred by—

  (i)

  the Board,

  (ii)

  the relevant council, or

  (iii)

  the Licensing Standards Officer (or Officers) for the Board's area.

(4) At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.

(5) The Scottish Ministers may by regulations make further provision about reports under this section including provision—

(a) about the form and content of reports including, in particular—

(i) how a statement required under subsection (2) is to be set out, and

(ii) what constitutes relevant income and relevant expenditure for the purposes of subsection (2), and

(b) the publication of reports.

(6) Regulations under subsection (5)(a) may modify subsection (3).

(7) In this section, “ financial year ” means a yearly period ending on 31 March. ]

Textual Amendments

F24 Ss. 9A, 9B inserted (1.12.2015 for specified purposes, 15.5.2017 for the insertion of s. 9B in so far as not already in force, 20.12.2017 in so far as not already in force) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 56(2), 88(2); S.S.I. 2015/382, art. 2, sch.; S.S.I. 2017/119, art. 2, sch.; S.S.I. 2017/424, art. 2(a)

Local Licensing Forums S

10 Local Licensing Forums S

(1) Each council must establish a Local Licensing Forum for their area.

(2) However, where the area of a council is divided into licensing divisions, the council may, instead of establishing a Local Licensing Forum for their area, establish separate such Forums for each division.

(3) Each Licensing Board must hold, at least once in each calendar year, a joint meeting with the Local Licensing Forum for the Board's area.

(4) Schedule 2 makes further provision about Local Licensing Forums, including provision about their membership and procedural and other administrative matters in relation to them.

Commencement Information

I11 S. 10 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

11 General functions of Local Licensing Forums S

(1) Each Local Licensing Forum has the following general functions—

(a) keeping under review—

(i) the operation of this Act in the Forum's area, and,

(ii) in particular, the exercise by the relevant Licensing Board or Boards of their functions, and

(b) giving such advice and making such recommendations to that or any of those Boards in relation to those matters as the Forum considers appropriate.

(2) Subsection (1) does not enable a Local Licensing Forum to—

(a) review, or

(b) give advice, or make recommendations, in relation to,

the exercise by a Licensing Board of their functions in relation to a particular case.

(3) In this section, section 12 and schedule 2, “relevant Licensing Board”, in relation to a Local Licensing Forum, means—

(a) the Licensing Board for the Forum's area, or

(b) in the case of a Local Licensing Forum for a council area which is divided into licensing divisions, each of the Licensing Boards for those divisions.

Commencement Information

I12 S. 11 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

12 Licensing Boards' duties in relation to Local Licensing Forums S

(1) A Licensing Board must—

(a) in exercising any function, have regard to any advice given, or recommendation made, to them in relation to the function by a Local Licensing Forum, and

(b) where the Board decides not to follow the advice or recommendation, give the Forum reasons for the decision.

(2) At the request of a Local Licensing Forum, a relevant Licensing Board must provide to the Forum copies of such relevant statistical information as the Forum may reasonably require for the purposes of the Forum's general functions.

(3) In this section, “relevant statistical information” means, in relation to a Licensing Board, such statistical information as the Board may have obtained under section 6(5).

Commencement Information

I13 S. 12 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

[F25 Chief constables' reports S

Textual Amendments

F25 S. 12A and cross-heading inserted (1.4.2012) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 12, 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

12A [F26 Chief constable's reports to Licensing Boards and Local Licensing Forums] S

(1) [F27 The] chief constable must, as soon as practicable after the end of each financial year, send a report to each Licensing Board F28 ... setting out—

(a) the chief constable's views about matters relating to policing in connection with the operation of this Act in the Board's area during that year and the following year, and

(b) any steps the chief constable—

(i) has taken during that year,

(ii) intends to take in the following year,

to prevent the sale or supply of alcohol to children or young people in that area.

(2) The chief constable must also send a copy of the report to the Local Licensing Forum for the Board's area.

(3) If a Licensing Board or Local Licensing Forum so requests, the chief constable (or other constable nominated by the chief constable) must attend a meeting of the Board or Forum to discuss the report.]

Textual Amendments

F26 S. 12A heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(5); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F27 Word in s. 12A(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(4)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F28 Words in s. 12A(1) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(4)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Licensing Standards Officers S

13 Licensing Standards Officers S

(1) Each council must appoint for their area one or more officers to be known as Licensing Standards Officers.

(2) A person may hold more than one appointment under subsection (1) (so as to be a Licensing Standards Officer for more than one council area).

(3) A Licensing Standards Officer is to exercise, in relation to the (or each) council area for which the Officer is appointed, the functions conferred on a Licensing Standards Officer by virtue of this Act.

(4) The number of Licensing Standards Officers for any council area is to be such as the council may determine.

(5) The Scottish Ministers may by regulations prescribe qualifications and experience required for appointment as a Licensing Standards Officer.

(6) Where the Scottish Ministers have made regulations under subsection (5), a council must not appoint an individual to be a Licensing Standards Officer unless the individual possesses the qualifications and experience prescribed in the regulations in relation to that appointment.

(7) Otherwise, the terms and conditions of appointment of a Licensing Standards Officer appointed by a council under this section are to be such as the council may determine.

Commencement Information

I14 S. 13 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

14 General functions of Licensing Standards Officers S

(1) A Licensing Standards Officer for a council area has the following general functions—

(a) providing to interested persons information and guidance concerning the operation of this Act in the area,

(b) supervising the compliance by the holders of—

(i) premises licences, or

(ii) occasional licences,

in respect of premises in the area with the conditions of their licences and other requirements of this Act,

[F29 (ba) providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the area, which is inconsistent with the licensing objectives,]

(c) providing mediation services for the purpose of avoiding or resolving disputes or disagreements between—

(i) the holders of the licences referred to in paragraph (b), and

(ii) any other persons,

concerning any matter relating to compliance as referred to in that paragraph.

(2) The function under subsection (1)(b) includes, in particular, power—

(a) where a Licensing Standards Officer believes that any condition to which a premises licence or occasional licence is subject has been or is being breached—

(i) to issue a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and

(ii) if, in the case of a premises licence, such a notice is not complied with to the satisfaction of the Officer, to make a premises licence review application in respect of the licence,

(b) in relation to a premises licence, to make an application under that section for review of the licence on any other competent ground for review.

Textual Amendments

F29 S. 14(1)(ba) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 57, 88(2); S.S.I. 2017/119, art. 2, sch.

Commencement Information

I15 S. 14 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, sch.

15 [F30 Powers of entry, inspection and seizure] S

(1) A Licensing Standards Officer for a council area may, for the purpose of determining whether the activities being carried on in any licensed premises in the area are being carried on in accordance with—

(a) the premises licence or, as the case may be, occasional licence in respect of the premises, and

(b) any other requirements of this Act,

exercise the powers specified in subsection (2).

(2) The powers referred to subsection (1) are—

(a) power to enter the premises at any time for the purpose of exercising the power specified in paragraph (b), F31 ...

(b) power to carry out such inspection of the premises and of any substances, articles or documents found there as the Officer thinks necessary.

[F32 (c) power to take copies of, or of an entry in, any document found on the premises, and

(d) power to seize and remove any substances, articles or documents found on the premises.]

(3) Where a Licensing Standards Officer exercises [F33 any] of those powers in relation to any licensed premises, the persons specified in subsection (4) must—

(a) give the Officer such assistance,

(b) provide the Officer with such information [F34 or explanation], and

(c) produce to the Officer such documents,

as the Officer may reasonably require.

(4) The persons referred to in subsection (3) are—

(a) the holder of the premises licence or, as the case may be, occasional licence in respect of the premises,

(b) in the case of licensed premises in respect of which a premises licence has effect, the premises manager, and

(c) in any case, any person working on the premises at the time the Officer is exercising the power.

[F35 (4A) Subsection (3)(c) includes power to require any document which is stored in electronic form and which is accessible from the premises to be produced in a form—

(a) in which it is legible, and

(b) in which it can be removed from the premises.

(4B) Nothing in subsection (3) requires a person to produce any document if the person would be entitled to refuse to produce that document in any proceedings in any court on the grounds of confidentiality of communications.

(4C) Nothing in subsection (3) requires a person to provide any information or explanation or produce any document if to do so would incriminate that person or that person’s spouse or civil partner.]

(5) A person who—

(a) intentionally obstructs a Licensing Standards Officer in the exercise of any power under subsection (2), or

(b) refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (3),

commits an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F36 (7) The Scottish Ministers may by regulations make further provision about the procedure to be followed in the exercise of a power under this section.

(8) Where a Licensing Standards Officer seizes any substance, article or document under subsection (2)(d), the Officer must leave on the premises a notice—

(a) stating what was seized, and

(b) explaining why it was seized.

(9) The Scottish Ministers may by regulations make provision about the treatment of substances, articles or documents seized under subsection (2)(d).

(10) Regulations under subsection (9) may, in particular, make provision—

(a) about the retention, use, return, disposal or destruction of anything seized,

(b) about compensation for anything seized.]

Textual Amendments

F30 S. 15 heading substituted (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(2), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

F31 Word in s. 15(2) repealed (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(3)(a), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

F32 S. 15(2)(c)(d) inserted (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(3)(b), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

F33 Word in s. 15(3) substituted (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(4)(a), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

F34 Words in s. 15(3)(b) inserted (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(4)(b), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

F35 S. 15(4A)-(4C) inserted (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(5), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

F36 S. 15(7)-(10) inserted (29.6.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 197(6), 206(1); S.S.I. 2018/102, art. 2(b) (with art. 4)

Commencement Information

I16 S. 15 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

16 Training of Licensing Standards Officers S

(1) A Licensing Standards Officer must comply with such requirements as to the training of Licensing Standards Officers as may be prescribed.

(2) If a Licensing Standards Officer fails to comply with subsection (1), the (or each) council which appointed the Officer must terminate the Officer's appointment.

(3) Regulations under subsection (1) prescribing training requirements may, in particular—

(a) provide for accreditation by the Scottish Ministers of—

(i) courses of training, and

(ii) persons providing such courses,

for the purposes of the regulations,

(b) prescribe different requirements in relation to different descriptions of Licensing Standards Officers, and

(c) require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.

Commencement Information

I17 S. 16 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

Part 3 S Premises licences

Introductory S

17 Premises licence S

In this Act, “premises licence”, in relation to any premises, means a licence issued by a Licensing Board under section 26(1) or 47(2) authorising the sale of alcohol on the premises.

Commencement Information

I18 S. 17 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

18 Meaning of “appropriate Licensing Board” S

(1) In this Part, “the appropriate Licensing Board” means, in relation to any premises or premises licence issued in respect of any premises—

(a) the Licensing Board in whose area the premises are situated, or

(b) where the premises are situated in the area of more than one Licensing Board—

(i) the Board in whose area the greater or greatest part of the premises is situated, or

(ii) if neither or none of those Boards falls within sub-paragraph (i), such of the Boards as is nominated in accordance with subsection (2).

(2) In a case falling within subsection (1)(b)(ii), the applicant for a premises licence in respect of the premises must nominate one of the Licensing Boards to be the Licensing Board for the purposes of the application of this Part in relation to the premises.

Commencement Information

I19 S. 18 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

19 Premises manager S

(1) In this Act, “premises manager”, in relation to any licensed premises in respect of which a premises licence has effect, means the individual for the time being specified as such in the premises licence.

(2) An individual may not, at any one time, be the premises manager of more than one licensed premises; and, accordingly, if an individual who is the premises manager of licensed premises is subsequently specified in the premises licence of other licensed premises as the premises manager of those other premises, the subsequent specification is of no effect.

Modifications etc. (not altering text)

C3 S. 19(2) modified (1.2.2008) by Licensing (Vessels etc.) (Scotland) Regulations 2007 (S.S.I. 2007/545), regs. 1(1), 4

Commencement Information

I20 S. 19(1) in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

I21 S. 19(2) in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Premises licence applications S

20 Application for premises licence S

(1) Any person, other than an individual under the age of 18, may apply to the appropriate Licensing Board for a premises licence in respect of any premises.

(2) An application under subsection (1) must—

(a) contain a description of the subject premises, and

(b) be accompanied by—

(i) an operating plan for the subject premises,

(ii) a plan (referred to in this Act as a “layout plan”), in the prescribed form, of the subject premises, F37 ...

[F38 (iia) a disabled access and facilities statement, and]

(iii) the certificates required by section 50(1).

(3) An application under subsection (1) which complies with subsection (2) is referred to in this Act as a “premises licence application”.

(4) An “operating plan” in relation to any premises is a document in the prescribed form containing—

(a) a description of the activities to be carried on in the premises,

(b) a statement of the times during which it is proposed that alcohol be sold on the premises,

(c) a statement as to whether the alcohol is to be sold for consumption on the premises, off the premises or both,

(d) a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,

(e) where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular—

(i) the ages of children or young persons to be allowed entry,

(ii) the times at which they are to be allowed entry, and

(iii) the parts of the premises to which they are to be allowed entry,

(f) information as to the proposed capacity of the premises,

(g) prescribed information about the individual who is to be the premises manager, and

(h) such other information in relation to the premises and the activities to be carried on there as may be prescribed.

(5) Where alcohol is to be sold both for consumption on and for consumption off any premises, the operating plan for the premises may, under subsection (4)(b), state different times for—

(a) the sale of alcohol for consumption on the premises, and

(b) the sale of alcohol for consumption off the premises.

[F39 (6) A “disabled access and facilities statement” is a statement, in the prescribed form, containing information about—

(a) provision made for access to the subject premises by disabled persons,

(b) facilities provided on the subject premises for use by disabled persons, and

(c) any other provision made on or in connection with the subject premises for disabled persons.

(7) In subsection (6), "disabled person" is to be interpreted in accordance with section 6 of the Equality Act 2010 (c.15).]

Textual Amendments

F37 Word in s. 20(2)(b) repealed (30.3.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 179(2)(a), 206(1); S.S.I. 2017/445, art. 2 (with art. 3)

F38 S. 20(2)(b)(iia) inserted (30.3.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 179(2)(b), 206(1); S.S.I. 2017/445, art. 2 (with art. 3)

F39 S. 20(6)(7) inserted (30.3.2018) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 179(3), 206(1) (as amended (9.11.2012) by S.S.I. 2012/304, arts. 1(1), 2); S.S.I. 2017/445, art. 2 (with art. 3)

Modifications etc. (not altering text)

C4 S. 20(2)(b)(ii) modified (1.2.2008) by Licensing (Vessels etc.) (Scotland) Regulations 2007 (S.S.I. 2007/545), regs. 1(1), 5

Commencement Information

I22 S. 20 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

21 Notification of application S

(1) Where a Licensing Board receives a premises licence application, the Board must give notice of the application to—

(a) each person having a notifiable interest in neighbouring land,

(b) any community council within whose area the premises are situated,

(c) the council within whose area the premises are situated (except where the council is the applicant),

[F40 (ca) the relevant health board,]

(d) the [F41 chief constable], and

(e) the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.

[F42 (2) On giving notice of an application under subsection (1), the Licensing Board—

(a) must provide the [F43 chief constable] with a copy of the application, and

(b) may provide any other person to whom notice is given with a copy of the application.]

(3) The [F44 chief constable] must, within 21 days of the date of receipt of a notice under subsection (1)(d), respond to the notice by giving the Licensing Board—

(a) one or other of the notices mentioned in subsection (4), F45 ...

F46 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Those notices are—

(a) a notice stating that neither—

(i) the applicant, nor

(ii) in the cases where the applicant is neither an individual nor a council, or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,

has been convicted of any relevant offence or foreign offence, or

(b) a notice specifying any convictions of—

(i) the applicant, or

(ii) in any of the cases mentioned in paragraph (a)(ii), any connected person,

for a relevant offence or a foreign offence.

F47 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section—

• F48 ...

• “neighbouring land” and, in relation to that expression, “notifiable interest” have such meanings as may be prescribed for the purposes of this section, F49 ...

• F50 ...

Textual Amendments

F40 S. 21(1)(ca) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(4), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F41 Words in s. 21(1)(d) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F42 S. 21(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F43 Words in s. 21(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F44 Words in s. 21(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F45 Word in s. 21(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(3)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.

F46 S. 21(3)(b) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

F47 S. 21(5) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 3; S.S.I. 2010/413, art. 2, Sch.

F48 Definition in s. 21(6) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(4)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.

F49 Word in s. 21(6) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(4)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

F50 Definition in s. 21(6) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(4)(c), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I23 S. 21 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

22 Objections and representations S

(1) Where a premises licence application is made to a Licensing Board, any person may, by notice to the Licensing Board—

(a) object to the application on any ground relevant to one of the grounds for refusal specified in section 23(5), or

(b) make representations to the Board concerning the application, including, in particular, representations—

(i) in support of the application,

(ii) as to modifications which the person considers should be made to the operating plan accompanying the application, or

(iii) as to conditions which the person considers should be imposed.

[F51 (1A) A person giving a notice under subsection (1) may include in the notice any information that the person considers may be relevant to consideration by the Board of any ground for refusal including, in particular, information in relation to—

(a) the applicant,

(b) where the applicant is neither an individual nor a council, a connected person in relation to the applicant, or

(c) any person who would be an interested party in relation to the subject premises if the application were to be granted.]

F52 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53 (2A) The [F54 chief constable] may, under subsection (1)(b), make representations concerning a premises licence application by giving to the Licensing Board a report detailing—

(a) any cases of antisocial behaviour indentified by constables as having taken place on, or in the vicinity of, the premises,

(b) any complaints or other representations made to constables concerning antisocial behaviour on, or in the vicinity of, the premises.]

(3) Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any premises licence application made to the Board, the Board must—

(a) give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and

(b) have regard to the objection or representation [F55 (including any information included under subsection (1A))] in determining the application,

unless the Board rejects the notice under subsection (4).

(4) A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the Board considers the objection or representation is frivolous or vexatious.

(5) Where a Licensing Board rejects a notice of objection or representation under subsection (4), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.

(6) In any proceedings by a Licensing Board for the recovery of expenses under subsection (5), a copy of any minute of proceedings of the Licensing Board—

(a) recording the Board's rejection of the notice and the grounds for the rejection, and

(b) certified by the clerk of the Board to be a true copy,

is sufficient evidence of the rejection and of the establishment of the ground for rejection.

Textual Amendments

F51 S. 22(1A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(2)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F52 S. 22(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 4; S.S.I. 2010/413, art. 2, sch.

F53 S. 22(2A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 183(2), 206(1); S.S.I. 2010/413, art. 2, sch.

F54 Words in s. 22(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F55 Words in s. 22(3)(b) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(2)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I24 S. 22 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

23 Determination of premises licence application S

(1) A premises licence application received by a Licensing Board is to be determined in accordance with this section.

(2) The Licensing Board must hold a hearing for the purpose of considering and determining the application.

(3) In considering and determining the application, the Board must take account of the documents accompanying the application under section 20(2)(b).

(4) The Board must, in considering and determining the application, consider whether any of the grounds for refusal applies and—

(a) if none of them applies, the Board must grant the application, or

(b) if any of them applies, the Board must refuse the application.

(5) The grounds for refusal are—

(a) that the subject premises are excluded premises,

(b) that the application must be refused under section 25(2), 64(2) or 65(3),

[F56 (ba) that the Licensing Board consider, having regard to the licensing objectives, that the applicant is not a fit and proper person to be the holder of a premises licence,]

(c) that the Licensing Board considers that the granting of the application would [F57 otherwise] be inconsistent with one or more of the licensing objectives,

(d) that, having regard to—

(i) the nature of the activities proposed to be carried on in the subject premises,

(ii) the location, character and condition of the premises, and

(iii) the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol,

(e) [F58 that] the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of [F59 the same or similar description as the subject premises,] in the locality.

[F60 (6) In considering whether [F61 either of the grounds for refusal specified in subsection (5)(ba) and (c) applies,] the Licensing Board must in particular take into account—

(a) any conviction, notice of which is given by the [F62 chief constable] under subsection (4)(b) of section 21, and

(b) any report given by the [F62 chief constable] under section 24A(2).]

(7) Where the Licensing Board considers that—

(a) they would refuse the application as made, but

(b) if a modification proposed by them were made to the operating plan [F63 or layout plan (or both)] for the subject premises accompanying the application, they would be able to grant the application,

the Board must, if the applicant accepts the proposed modification, grant the application as modified.

(8) Where the Licensing Board refuses the application—

(a) the Board must specify the ground for refusal, and

(b) if the ground for refusal is that specified in subsection [F64 (5)(ba) or (c)] , the Board must specify the licensing objective or objectives in question.

(9) In subsection (5)(e), references to “licensed premises” do not include licensed premises in respect of which an occasional licence has effect.

Textual Amendments

F56 S. 23(5)(ba) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(a)(i), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F57 Word in s. 23(5)(c) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(a)(ii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F58 Word in s. 23(5)(e) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(3)(a), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F59 Words in s. 23(5)(e) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(3)(b), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F60 S. 23(6) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 5; S.S.I. 2010/413, art. 2, sch.

F61 Words in s. 23(6) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F62 Words in s. 23(6)(a)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F63 Words in s. 23(7)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 181, 206(1); S.S.I. 2010/413, art. 2, sch.

F64 Words in s. 23(8)(b) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I25 S. 23 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

24 Applicant's duty to notify Licensing Board of convictions S

(1) This section applies where any of the persons specified in subsection (2) is convicted of a relevant or foreign offence during the period beginning with the making of a premises licence application and ending with determination of the application.

(2) Those persons are—

(a) the applicant, and

(b) where—

(i) the applicant is neither an individual nor a council, or

(ii) the premises in respect of which the licence is sought are used wholly or mainly for the purposes of a club,

any connected person.

(3) The applicant must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board to which the application was made.

(4) A notice under subsection (3) must specify—

(a) the nature of the offence, and

(b) the date of the conviction.

(5) Where the Licensing Board receives a notice under subsection (3) at any time before they have determined the application, the Board must—

(a) suspend consideration of the application, and

(b) give notice of the conviction to the [F65 chief constable].

(6) The [F66 chief constable] must, within 21 days of the date of receipt of a notice under subsection (5)(b), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (7).

(7) Those notices are—

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant offence or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant offence or foreign offence.

(8) Where the chief constable—

(a) proposes to give a notice under subsection (7)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of [F67 any of the licensing objectives] that the application be refused,

the chief constable may include in the notice a recommendation to that effect.

(9) On receipt of the chief constable's notice under subsection (7), the Licensing Board must resume consideration of the application and determine it in accordance with section 23.

[F68 (10) In considering for the purposes of section 23 whether the granting of the application would be inconsistent with one or more of the licensing objectives, the Licensing Board must take into account, in addition to the matters in subsection (6) of that section—

(a) any conviction confirmation of which is given by the [F69 chief constable] in a notice under subsection (7)(b) of this section, or

(b) any recommendation of the chief constable included in such a notice.]

(11) A person who, without reasonable excuse, fails to comply with subsection (3) commits an offence.

(12) A person guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F65 Words in s. 24(5)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F66 Words in s. 24(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F67 Words in s. 24(8)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 6(2); S.S.I. 2010/413, art. 2, Sch.

F68 S. 24(10) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 6(3); S.S.I. 2010/413, art. 2, Sch.

F69 Words in s. 24(10)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Modifications etc. (not altering text)

C5 S. 24(3) modified (1.2.2008) by Licensing (Relevant Offences) (Scotland) Regulations 2007 (S.S.I. 2007/513), regs. 1(1), 3

Commencement Information

I26 S. 24 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F70 24A Power to request antisocial behaviour report S

(1) A Licensing Board may, at any time before determining a premises licence application, request the [F71 chief constable] to give the Board a report detailing—

(a) all cases of antisocial behaviour indentified within the relevant period by constables as having taken place on, or in the vicinity of, the premises,

(b) all complaints or other representations made within the relevant period to constables concerning antisocial behaviour on, or in the vicinity of, the premises.

(2) The [F71 chief constable] must give the report within 21 days of the request.

(3) Where the Licensing Board requests a report under subsection (1), the Board must suspend consideration of the application until it receives the report.

(4) On receipt of the chief constable's report under subsection (2), the Licensing Board must—

(a) give a copy of the report to the applicant in such manner and by such time as may be prescribed by regulations, and

(b) resume consideration of the application and determine it in accordance with section 23.

(5) In this section—

• “ antisocial behaviour ” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and

• “ relevant period ” means the period of one year ending with the date of the request.]

Textual Amendments

F70 S. 24A inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 183(3), 206(1); S.S.I. 2010/413, art. 2, Sch.

F71 Words in s. 24A(1)(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

25 Further application after refusal of premises licence application S

(1) Subsection (2) applies where a Licensing Board has refused a premises licence application in respect of any premises (such a refusal being referred to in this section as the “earlier refusal”).

(2) Subject to subsection (3), the Board must refuse any subsequent premises licence application in respect of the same premises made before the expiry of the period of one year beginning with the date of the earlier refusal.

(3) Subsection (2) does not apply in relation to any subsequent application made during that period if—

(a) at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or

(b) the Board is satisfied that there has been a material change of circumstances since the earlier refusal.

Commencement Information

I27 S. 25 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

26 Issue of licence and summary S

(1) Where a Licensing Board grants a premises licence application, the Board must issue to the applicant—

(a) a premises licence—

(i) in the prescribed form, and

(ii) containing the information and documents specified in subsection (2), and

(b) a summary of the licence in the prescribed form.

(2) The information and documents referred to in subsection (1)(a)(ii) are—

(a) the name and address of—

(i) the holder of the licence, and

(ii) the premises manager in respect of the premises to which the licence relates,

(b) a description of the premises in respect of which the licence is issued,

(c) the date on which the licence takes effect,

(d) the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found,

(e) the operating plan and layout plan in respect of the premises to which the licence relates, and

(f) such other information as may be prescribed.

[F72 (3) Where a Licensing Board grants a premises licence application, the Board must send a copy of the premises licence to the [F73 chief constable].]

Textual Amendments

F72 S. 26(3) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 187(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F73 Words in s. 26(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I28 S. 26 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Conditions of premises licence S

27 Conditions of premises licence S

(1) Except to the extent that schedule 3 provides otherwise, every premises licence is subject to the conditions specified in that schedule.

(2) The Scottish Ministers may by regulations modify schedule 3 so as—

(a) to add [F74 , delete or amend a condition] as they consider necessary or expedient for the purposes of any of the licensing objectives, or

(b) to extend the application of any condition [F75 for the time being] specified in the schedule.

(3) The Scottish Ministers must by regulations prescribe further conditions which Licensing Boards must impose on the granting by them of premises licences falling within subsection (4).

(4) A premises licence falls within this subsection if the operating plan for the premises to which the licence relates specifies that the premises will, on any occasion, be open for a continuous period beginning on one day and ending after 1am on the following day.

(5) The Scottish Ministers may by regulations prescribe further conditions as conditions which Licensing Boards may, at their discretion, impose on the granting by them of premises licences.

(6) Without prejudice to subsection (5), where a Licensing Board grants a premises licence, the Board may impose such other conditions (in addition to those to which the licence is subject by virtue of subsection (1) or (3)) as they consider necessary or expedient for the purposes of any of the licensing objectives.

(7) A Licensing Board may not impose a condition under subsection (6) which—

(a) is inconsistent with any condition—

(i) to which the premises licence is subject by virtue of subsection (1), or

(ii) prescribed under subsection (5),

(b) would have the effect of making any such condition more onerous or more restrictive, or

(c) relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.

(8) The conditions which may be—

(a) added under subsection (2)(a),

(b) prescribed under subsection (5), or

(c) imposed under subsection (6),

include, in particular, conditions of the kind described in subsection (9).

(9) Those are conditions requiring anything to be done, or prohibiting or restricting the doing of anything, in connection with—

(a) the sale of alcohol on the premises in respect of which a premises licence has effect, or

(b) any other activity carried on in such premises.

(10) Where, under any provision of this Act, a Licensing Board has power to make a variation of the conditions to which a premises licence is subject, the power may not be exercised so as to have the effect of imposing a condition which the Board could not have imposed under this section on the granting of the licence.

Textual Amendments

F74 Words in s. 27(2)(a) substituted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 7(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F75 Words in s. 27(2)(b) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 7(3), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Commencement Information

I29 S. 27 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F76 27A Power of Board to vary premises licence conditions S

(1) A Licensing Board may, in relation to any prescribed matter, make a variation of the conditions to which a premises licence in respect of licensed premises within its area is subject.

(2) The Scottish Ministers may not, under subsection (1), prescribe the age at which persons aged 18 or over may purchase alcohol as a matter in respect of which the conditions to which a premises licence is subject may be varied under this section.

(3) A variation under subsection (1) may apply to—

(a) all licensed premises,

(b) particular licensed premises,

(c) licensed premises within particular parts of its area, or

(d) licensed premises of a particular description.

(4) A variation under subsection (1) has effect for such period as the Board may specify in it.

(5) The Board may make a variation under subsection (1) only where it is satisfied that the variation is necessary or expedient for the purposes of any of the licensing objectives.

(6) Before making a variation under subsection (1), the Board must—

(a) publish, in the prescribed manner, notice of the proposed variation, and

(b) give notice of the proposed variation to—

(i) the persons mentioned in section 21(1)(b), (c), (ca), (d) and (e), and

(ii) the holders of premises licences in respect of premises to which the proposed variation would apply.

(7) A notice under subsection (6) must state that any person may, by notice to the Licensing Board, make representations to the Board concerning the proposed variation before such date as the Board specifies in the notice under subsection (6).

(8) If the Board receives any representations before the date specified, the Board—

(a) must hold a hearing in relation to the proposed variation, and

(b) may give such persons who have made representations as the Board considers appropriate an opportunity to be heard at the hearing.

(9) Where a Licensing Board makes a variation under subsection (1), the Board must—

(a) amend the premises licence,

(b) within the period of one month, give notice of the variation to—

(i) the [F77 chief constable], and

(ii) the holders of premises licences in respect of premises to which the variation applies,

(c) send a copy of the variation to the address of the premises to which the variation applies, and

(d) publicise the variation in such manner as the Board thinks fit.

(10) A variation under subsection (1) does not have effect unless notice under subsection (9)(b)(ii) has been given.

(11) In subsection (1), the power to make a variation of the conditions to which a premises licence is subject includes—

(a) a power to make a revocation of such a variation in the same manner and subject to the same conditions, duties and limitations as the variation, and

(b) a power to make a variation (or a revocation of a variation) of the conditions to which a provisional premises licence is subject.]

Textual Amendments

F76 S. 27A inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 10(1), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F77 Words in s. 27A(9)(b)(i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Duration of premises licence S

28 Period of effect of premises licence S

(1) A premises licence—

(a) takes effect on such date as the Licensing Board issuing it may determine, and

(b) ceases to have effect on the occurrence of any of the events mentioned in subsection (5).

(2) However, a premises licence is not to be taken to have ceased to have effect under subsection (1)(b) by virtue of the occurrence of any of the events mentioned in paragraphs (c) to (e) of subsection (5) if, within 28 days of the occurrence of the event, an application for the transfer of the licence is made under section 34(1).

(3) If such an application is made but refused, the premises licence ceases to have effect on the refusal.

(4) A premises licence does not have effect for any period during which it is suspended by virtue of any provision of this Act.

(5) The events referred to in subsection (1)(b) are—

(a) the premises licence is revoked under any provision of this Act,

(b) the licensed premises in respect of which the licence was issued cease to be used for the sale of alcohol,

(c) the premises licence holder, being an individual—

(i) dies, or

(ii) becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),

(d) the premises licence holder, being an individual, a partnership or a company, becomes insolvent,

(e) the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and

(f) the appropriate Licensing Board receives from the premises licence holder a notice under subsection (6).

(6) That is a notice—

(a) accompanied by the premises licence, or where that is not practicable, by a statement of reasons for failure to produce the licence, and

(b) stating that the licence holder wishes to surrender the licence.

(7) For the purposes of subsection (5)(d)—

(a) an individual or partnership becomes insolvent on—

(i) the approval of a voluntary arrangement proposed by the individual or partnership,

(ii) being adjudged bankrupt,

(iii) the individual's or partnership's estate being sequestrated,

(iv) entering into a deed of arrangement made for the benefit of creditors, or

(v) granting a trust deed for creditors, and

(b) a company becomes insolvent on—

(i) the approval of a voluntary arrangement proposed by its creditors,

(ii) the appointment of an administrator or administrative receiver in respect of it, or

(iii) going into liquidation.

(8) An expression used in subsection (7) which is also used in the Bankruptcy (Scotland) Act [F78 2016] or the Insolvency Act 1986 (c. 45) has the same meaning in that subsection as it has in that Act.

Textual Amendments

F78 Word in s. 28(8) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 23 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

Commencement Information

I30 S. 28 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Variation of premises licence S

29 Application to vary premises licence S

(1) A premises licence holder may apply to the appropriate Licensing Board for a variation of the licence.

(2) An application under subsection (1) must be accompanied by—

(a) the premises licence to which the application relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(3) An application under subsection (1) which complies with subsection (2) is referred to in this Act as a “premises licence variation application”.

(4) Sections 21(1) and (2) [F79 , 22 and 24A] apply in relation to a premises licence variation application (other than one in which the only variation sought is a minor variation) as they apply to a premises licence application.

(5) In this Act, “variation”, in relation to a premises licence, means any variation of—

(a) any of the conditions to which the licence is subject (other than those to which the licence is subject by virtue of section 27(1)),

(b) any of the information contained in the operating plan contained in the licence,

(c) the layout plan contained in the licence, or

(d) any other information contained or referred to in the licence,

and includes an addition, deletion or other modification.

(6) In this Act, “minor variation” means—

(a) any variation of the layout plan, if the variation does not result in any inconsistency with the operating plan,

(b) where, under the operating plan contained in the licence, children or young persons are allowed entry to the premises, any variation reflecting any restriction or proposed restriction of the terms on which they are allowed entry to the premises,

(c) any variation of the information contained in the licence relating to the premises manager (including a variation so as to substitute a new premises manager), and

(d) any other variation of such description as may be prescribed for the purposes of this subsection.

Textual Amendments

F79 Words in s. 29(4) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(3); S.S.I. 2017/119, art. 2, sch.

Commencement Information

I31 S. 29 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

30 Determination of application for variation S

(1) A premises licence variation application received by a Licensing Board is to be determined by the Board in accordance with this section.

(2) If the variation sought is a minor variation, the Board must grant the application.

(3) In any other case, the Licensing Board must hold a hearing for the purpose of considering and determining the application.

(4) Where a hearing is held under subsection (3), the Board must consider whether any of the grounds for refusal applies and—

(a) if none of them applies, the Board must grant the application,

(b) if any of them applies, the Board must refuse the application.

(5) The grounds for refusal are—

(a) that the application must be refused under section 32(2), 64(2) or 65(3),

(b) that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives,

(c) that, having regard to—

(i) the nature of the activities carried on or proposed to be carried on in the subject premises,

(ii) the location, character and condition of the premises, and

(iii) the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol in accordance with the proposed variation,

(d) [F80 that] the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of [F81 the same or similar description as the subject premises (taking account of the variation),] in the locality.

(6) Where the Licensing Board grants the application, the Board may make a variation of the conditions to which the licence is subject.

(7) Where the Licensing Board refuses the application—

(a) the Board must specify the ground for refusal, and

(b) if the ground for refusal is that specified in subsection (5)(b), the Board must specify the licensing objective or objectives in question.

(8) In subsection (5)(d), references to “licensed premises” do not include references to licensed premises in respect of which an occasional licence has effect.

Textual Amendments

F80 Word in s. 30(5)(d) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(4)(a), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

F81 Words in s. 30(5)(d) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(4)(b), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)

Commencement Information

I32 S. 30 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

31 Variation to substitute new premises manager S

(1) This section applies in relation to a premises licence variation application where—

(a) the variation sought is the substitution of another individual as the premises manager, and

(b) the applicant requests in the application that the variation should have immediate effect.

(2) Where this section applies, the premises licence to which the application relates has effect during the application period as if it were varied as proposed in the application.

(3) In subsection (2), “the application period” means the period—

(a) beginning when the application is received by the Licensing Board, and

(b) ending—

(i) when the variation takes effect, or

(ii) if the application is withdrawn before it is determined, when it is withdrawn.

Commencement Information

I33 S. 31 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

32 Further application after refusal of application for variation S

(1) Subsection (2) applies where a Licensing Board has refused a premises licence variation application (such a refusal being referred to in this section as the “earlier refusal”).

(2) Subject to subsection (3), the Board must refuse any subsequent premises licence variation application—

(a) in respect of the same premises licence, and

(b) seeking the same variation,

made before the expiry of the period of one year beginning with the date of the earlier refusal.

(3) Subsection (2) does not apply in relation to any subsequent application made during that period if—

(a) at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or

(b) the Board is satisfied that there has been a material change of circumstances since the earlier refusal.

Commencement Information

I34 S. 32 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Transfer of premises licence S

33 Transfer on application of licence holder S

(1) A premises licence holder may apply to the appropriate Licensing Board for the transfer of the licence to such person as is specified in the application (such person being referred to in this section as the “transferee”).

(2) The transferee may not be an individual under the age of 18.

(3) An application under subsection (1) must be accompanied by—

(a) the premises licence to which the application relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(4) Where a Licensing Board receives an application under subsection (1), the Board must give notice of it, together with a copy of the application, to the [F82 chief constable].

(5) The [F83 chief constable] must, within 21 days of the date of receipt of a notice under subsection (4), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).

(6) Those notices are—

(a) a notice stating that neither—

(i) the transferee, nor

(ii) where the transferee is neither an individual nor a council, any connected person,

has been convicted of any relevant offence or foreign offence, or

(b) a notice specifying any convictions of—

(i) the transferee, and

(ii) where the transferee is neither an individual nor a council, any connected person,

for a relevant offence or a foreign offence.

[F84 (7) On giving a notice under subsection (6)(a) or (b), if the [F85 chief constable] considers that it is necessary for the purposes of any of the licensing objectives that the application for the transfer of the licence to the transferee be refused, the chief constable may include in the notice a recommendation to that effect.]

[F86 (7A) On giving a notice under subsection (6)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to—

(a) the transferee,

(b) where the transferee is neither an individual nor a council, a connected person, or

(c) any person who would be an interested party in relation to the licensed premises if the application for the transfer of the licence to the transferee were to be granted,

that the chief constable considers may be relevant to consideration by the Board of the application.]

[F84 (8) Where, in relation to an application under subsection (1)—

(a) the Licensing Board receives a notice under subsection (6)(a), F87 ...

(b) the notice does not include a recommendation under subsection (7)[F88 , and

(c) no information has been provided under subsection (7A),]

the Board must grant the application.]

[F84 (9) In any other case, the Licensing Board must hold a hearing for the purpose of considering and determining the application.]

(10) Where a hearing is held under subsection (9), the Licensing Board must, having regard to the chief constable's notice [F89 and any information provided under subsection (7A)] —

(a) if satisfied that [F90 a ground for refusal applies], refuse the application, or

(b) if not so satisfied, grant the application.

[F91 (11) The grounds for refusal are—

(a) that, having regard to the licensing objectives, the transferee is not a fit and proper person to be the holder of a premises licence,

(b) that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.]

Textual Amendments

F82 Words in s. 33(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F83 Words in s. 33(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F84 S. 33(7)-(9) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 7(2); S.S.I. 2010/413, art. 2, sch.

F85 Words in s. 33(7) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F86 S. 33(7A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 44(2)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F87 Word in s. 33(8) repealed (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 44(2)(b)(i), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F88 S. 33(8)(c) and word inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 44(2)(b)(ii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F89 Words in s. 33(10) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 44(2)(c)(i), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F90 Words in s. 33(10)(a) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 44(2)(c)(ii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F91 S. 33(11) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 44(2)(d), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I35 S. 33 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

34 Transfer on application of person other than licence holder S

(1) A person other than—

(a) the holder of a premises licence, or

(b) an individual under the age of 18,

(being a person of a prescribed description) may, within 28 days of the occurrence of any of the events specified in subsection (3), apply to the appropriate Licensing Board for the transfer to that person of the licence.

(2) An application under subsection (1) must be accompanied by—

(a) the premises licence to which the application relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(3) The events referred to in subsection (1) are—

(a) the premises licence holder, being an individual—

(i) dies, or

(ii) becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),

(b) the premises licence holder, being an individual, a partnership or a company, becomes insolvent,

(c) the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and

(d) the business carried on in the licensed premises to which the licence relates is transferred (whether by sale or otherwise) to another person.

(4) Subsections (4) to (10) of section 33 apply for the purposes of an application under subsection (1) of this section as they apply for the purposes of an application under subsection (1) of that section, but as if references in them to the transferee were references to the applicant in relation to the application under subsection (1) of this section.

(5) Subsections (7) and (8) of section 28 apply for the purposes of subsection (3)(b) of this section as they apply for the purposes of subsection (5)(d) of that section.

Commencement Information

I36 S. 34 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

35 Variation on transfer S

(1) A person making an application to a Licensing Board under section 33(1) or 34(1) for transfer of a premises licence may also make an application to the Board for a variation of the licence.

(2) Sections 29 and 30 apply in relation to an application under subsection (1) for a variation as they apply to a premises licence variation application.

(3) Where—

(a) an application is made under subsection (1), and

(b) the applicant intimates to the Licensing Board that the application under section 33(1) or 34(1) for transfer of the premises licence is contingent on the grant of the application under subsection (1),

the Licensing Board must determine the application under subsection (1) before determining the application for the transfer of the licence.

(4) In such a case, if the Licensing Board refuses the application under subsection (1), the application for the transfer of the licence falls.

(5) In any other case where an application under subsection (1) is made—

(a) the Licensing Board must first determine the application for transfer of the licence before determining the application under subsection (1), and

(b) if the application for the transfer of the licence is refused, the application under subsection (1) falls.

Commencement Information

I37 S. 35 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Review of premises licence S

36 Application for review of premises licence S

(1) Any person may apply to the appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect for a review of the licence on any of the grounds for review.

(2) An application under subsection (1) is referred to in this Act as a “premises licence review application”.

(3) The grounds for review referred to in subsection (1) are—

[F92 (za) that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises licence,]

(a) that one or more of the conditions to which the premises licence is subject has been breached, or

(b) any other ground relevant to one or more of the licensing objectives.

(4) A Licensing Standards Officer may make a premises licence review application on the ground specified in subsection (3)(a) only if—

(a) in relation to the alleged ground for review, the Officer or any other Licensing Standards Officer has issued to the licence holder a notice under section 14(2)(a)(i), and

(b) the licence holder has failed to take the action specified in the notice to the satisfaction of the Officer.

(5) A premises licence review application must specify the alleged ground for review, including in particular—

[F93 (za) where the ground is that specified in subsection (3)(za), a summary of the information on which the applicant's view that the alleged ground applies is based,]

(a) where the ground is that specified in subsection (3)(a), the condition or conditions alleged to have been breached,

(b) where the ground is that specified in subsection (3)(b), the licensing objective or objectives to which the alleged ground of review relates.

[F94 (5A) A person making a premises licence review application may include in the application any information that the applicant considers may be relevant to consideration by the Licensing Board of the alleged ground for review including, in particular, information in relation to—

(a) the licence holder,

(b) where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or

(c) any person who is an interested party in relation to the licensed premises.]

(6) The Licensing Board may reject a premises licence review application if the Board considers the application—

(a) is vexatious or frivolous, or

(b) does not disclose any matter relevant to any ground for review.

(7) Where the Licensing Board rejects a premises licence review application under subsection (6), the Board—

(a) must give notice of the decision, and the reasons for it, to the applicant, and

(b) where it is rejected on the ground that it is frivolous or vexatious, may recover from the applicant any expenses incurred by the Board in considering the application.

(8) In any proceedings by a Licensing Board for the recovery of expenses under subsection (7)(b), a copy of any minute of proceedings of the Licensing Board—

(a) recording the Board's rejection of the application and the grounds for rejection, and

(b) certified by the clerk of the Board to be a true copy,

is sufficient evidence of the rejection and of the establishment of the grounds for rejection.

Textual Amendments

F92 S. 36(3)(za) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(2)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F93 S. 36(5)(za) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(2)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F94 S. 36(5A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(2)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I38 S. 36 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

37 Review of premises licence on Licensing Board's initiative S

(1) The appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect may, on their own initiative, propose to review the licence on any of the grounds for review.

(2) A proposal under subsection (1) is referred to in this Act as a “premises licence review proposal”.

(3) The grounds for review referred to in subsection (1) are those specified in [F95 section] 36(3).

(4) A premises licence review proposal must specify the alleged ground for review, including in particular—

[F96 (za) where the ground is that specified in section 36(3)(za), a summary of the information on which the Board's view that the alleged ground applies is based,]

(a) where the ground is that specified in [F97 section] 36(3)(a), the condition or conditions alleged to have been breached,

(b) where the ground is that specified in [F98 section] 36(3)(b), the licensing objective or objectives to which the alleged ground of review relates.

[F99 (5) A Licensing Board making a premises licence review proposal may include in the proposal any information that the Board considers may be relevant to their consideration of the alleged ground for review including, in particular, information in relation to—

(a) the licence holder,

(b) where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or

(c) any person who is an interested party in relation to the licensed premises.]

Textual Amendments

F95 Word in s. 37(3) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(5)(a); S.S.I. 2017/119, art. 2, sch.

F96 S. 37(4)(za) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(3)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F97 Word in s. 37(4)(a) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(5)(b)(i); S.S.I. 2017/119, art. 2, sch.

F98 Word in s. 37(4)(b) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(5)(b)(ii); S.S.I. 2017/119, art. 2, sch.

F99 S. 37(5) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(3)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I39 S. 37 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

38 Review hearing S

(1) Where a Licensing Board—

(a) makes a premises licence review proposal, or

(b) receives a premises licence review application,

the Board must hold a hearing for the purposes of considering and determining the proposal or application unless, in the case of a premises licence review application, the Board has rejected the application under subsection 36(6).

(2) A hearing under subsection (1) is referred to in this Act as a “review hearing”.

(3) Where a review hearing is to be held, the Licensing Board must—

(a) in the case of a premises licence review application, give notice of the hearing to the applicant, and

(b) give notice of the hearing and a copy of the premises licence review proposal or application to—

(i) the licence holder, and

(ii) any Licensing Standards Officer for the area in which the premises concerned are situated, unless, in the case of a premises licence review application, the applicant is such an Officer.

(4) Where a Licensing Standards Officer receives under subsection (3)(b)(ii) a copy of a premises licence review proposal or application—

(a) the Officer must, before the review hearing, prepare and submit to the Licensing Board a report on the proposal or application, and

(b) the Licensing Board must take the report into account at the hearing.

(5) The Licensing Board may, for the purposes of the review hearing—

(a) obtain further information from such persons, and in such manner, as the Board thinks fit, and

(b) take the information into account.

(6) In particular, the Board may—

(a) request—

(i) the attendance at the review hearing of any person for the purpose of providing information, and

(ii) the production at the review hearing by any person of any documents in that person's possession or under that person's control, and

(b) take into account any information relevant to any ground for review even though it is not relevant to any circumstances alleged in the review proposal or application under consideration.

Modifications etc. (not altering text)

C6 S. 38(3)-(6) applied (with modifications) (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 17(9)

Commencement Information

I40 S. 38 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

39 Licensing Board's powers on review S

(1) At a review hearing in relation to any premises licence, the Licensing Board may, if satisfied that a ground for review is established (whether or not on the basis of any circumstances alleged in the premises licence review proposal or application considered at the hearing) take such of the steps mentioned in subsection (2) as the Board considers necessary or appropriate for the purposes of any of the licensing objectives.

[F100 (1A) Subsection (1) is subject to subsection (2A).]

(2) Those steps are—

(a) to issue a written warning to the licence holder,

(b) to make a variation of the licence,

(c) to suspend the licence for such period as the Board may determine,

(d) to revoke the licence.

[F101 (2A) Where, at a review hearing in relation to any premises licence, the Licensing Board are satisfied that the ground for review specified in section 36(3)(za) is established, the Board must revoke the licence.

(2B) Subject to section 39B, a revocation under subsection (2A) takes effect at the end of the period of 28 days beginning with the day on which the Board makes the decision.]

(3) On making a variation under subsection (2)(b), the Board may provide for the variation to apply only for such period as they may determine.

Textual Amendments

F100 S. 39(1A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(4)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F101 S. 39(2A)(2B) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(4)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I41 S. 39 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F102 39A Notification of determinations S

(1) Where a Licensing Board, at a review hearing—

(a) decides to take one of the steps mentioned in section 39(2), F103 ...

(b) decides not to take one of those steps[F104 , or

(c) decides to revoke a premises licence under section 39(2A),]

the Board must give notice of the decision to each of the persons mentioned in subsection (2).

(2) The persons referred to in subsection (1) are—

(a) the holder of the premises licence, and

(b) where the decision is taken in connection with a premises licence review application, the applicant.

(3) Where subsection (1)(a) applies, the holder of the premises licence may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.

(4) Where—

(a) subsection (1)(a) or (b) applies, and

(b) the decision is taken in connection with a premises licence review application,

the applicant may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.

(5) Where the clerk of a Board receives a notice under subsection (3) or (4), the Board must issue a statement of the reasons for the decision to—

(a) the person giving the notice, and

(b) any other person to whom the Board gave notice under subsection (1).

(6) A statement of reasons under subsection (5) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.]

Textual Amendments

F102 S. 39A inserted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 182(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F103 Word in s. 39A(1) repealed (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(5)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F104 S. 39A(1)(c) and word inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(5)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

[F105 39B Recall of revocation of licence under section 39(2A) S

(1) This section applies where a Licensing Board decides to revoke a premises licence under section 39(2A).

(2) The Board must recall the revocation if—

(a) a relevant application is made before the end of the period referred to in section 39(2B) (“the 28 day period”), and

(b) the Board grants the application.

(3) The Board may extend the 28 day period pending determination of a relevant application.

(4) In this section, “relevant application” means—

(a) an application under section 33(1) for the transfer of the premises licence, or

(b) a premises licence variation application seeking a variation of the licence that the Board considers would remove the ground on which the licence was revoked under section 39(2A).

(5) This section does not affect the right to appeal against the decision to revoke the licence under section 39(2A).]

Textual Amendments

F105 S. 39B inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(6), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

40 Review of Licensing Board's decision to vary or suspend licence S

Where a Licensing Board has made a variation under subsection (2)(b) of section 39 or suspended the licence under subsection (2)(c) of that section, the Board may—

(a) on the application of the licence holder, and

(b) if satisfied that, by reason of a change of circumstances, the variation or suspension is no longer necessary,

revoke the variation or suspension.

Commencement Information

I42 S. 40 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F106 [F107 Connected persons] S

Textual Amendments

F106 S. 40A inserted (13.12.2010 for specified purposes, 29.6.2018 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 184(2), 206(1); S.S.I. 2010/413, art. 2, sch.; S.S.I. 2018/102, art. 2(a)

F107 S. 40A cross-heading substituted (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(3), 88(2); S.S.I. 2018/102, art. 3

40A [F108 Connected persons: licence holder's duty to notify changes] S

(1) A premises licence holder must, not later than one month after a person becomes or ceases to be—

(a) a connected person in relation to the licence holder, F109 ...

F110 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

give the appropriate Licensing Board notice of that fact.

(2) A notice under subsection (1) that a person has become a connected person F111 ... must specify—

(a) the name and address of the person, and

(b) if the person is an individual, the person's date of birth.

(3) Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the [F112 chief constable].

(4) A premises licence holder who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

Textual Amendments

F108 S. 40A heading substituted (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(2)(c), 88(2); S.S.I. 2018/102, art. 3

F109 Word in s. 40A(1) repealed (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(2)(a)(i), 88(2); S.S.I. 2018/102, art. 3

F110 S. 40A(1)(b) repealed (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(2)(a)(ii), 88(2); S.S.I. 2018/102, art. 3

F111 Words in s. 40A(2) repealed (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(2)(b), 88(2); S.S.I. 2018/102, art. 3

F112 Words in s. 40A(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Conviction of licence holder etc. for relevant or foreign offence S

41 Duty to notify court of premises licence S

(1) Subsection (2) applies where—

(a) a person who holds a premises licence is charged with a relevant offence, or

(b) a person charged with a relevant offence is granted a premises licence after the person's first appearance in court in connection with the offence but before—

(i) conviction and sentencing for the offence or acquittal, or

(ii) where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.

(2) The person must, not later than the person's first appearance or, as the case may be, next appearance in court in connection with the offence—

(a) produce to the court the premises licence, or

(b) if that is not practicable, notify the court of—

(i) the existence of the premises licence,

(ii) the identity of the Licensing Board which issued it, and

(iii) the reasons why it is not practicable to produce the licence.

(3) A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Commencement Information

I43 S. 41 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

42 Court's duty to notify Licensing Board of convictions S

(1) This section applies where the clerk of a court in Scotland by or before which a person is convicted of a relevant offence is aware that the person holds a premises licence.

(2) The clerk of the court must, as soon as reasonably practicable after the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the person convicted.

Commencement Information

I44 S. 42 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

43 Licence holder's duty to notify Licensing Board of convictions S

(1) This section applies where any of the persons specified in subsection (2) is convicted of a relevant or foreign offence.

(2) Those persons are—

(a) the holder of a premises licence, and

(b) where—

(i) the holder of such a licence is neither an individual nor a council, or

(ii) the premises in respect of which such a licence is held are used wholly or mainly for the purposes of a club,

any connected person.

(3) The holder of the premises licence must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the licence holder.

(4) A notice of conviction under subsection (3) must—

(a) specify—

(i) the nature of the offence, and

(ii) the date of conviction, and

(b) be accompanied by—

(i) the premises licence held by the licence holder, or

(ii) if that is not practicable, a statement of the reasons for failure to produce the licence.

(5) A premises licence holder who fails, without reasonable excuse, to comply with subsection (3) commits an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C7 S. 43(3) modified (1.2.2008) by Licensing (Relevant Offences) (Scotland) Regulations 2007 (S.S.I. 2007/513), regs. 1(1), 3

Commencement Information

I45 S. 43 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

44 Procedure where Licensing Board receives notice of conviction S

(1) This section applies where the Licensing Board which issued a premises licence receives a notice of conviction relating to—

(a) the holder of the licence, or

(b) where—

(i) the holder of the licence is neither an individual nor a council, or

(ii) the premises in respect of which the licence is held are used wholly or mainly for the purposes of a club,

a connected person.

(2) The Licensing Board must give notice of the conviction to the [F113 chief constable].

(3) The [F114 chief constable] must, within 21 days of the date of receipt of a notice under subsection (2), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).

(4) Those notices are—

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant or foreign offence.

(5) Where the chief constable—

(a) proposes to give a notice under subsection (4)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of [F115 any of the licensing objectives] that the premises licence should be varied, suspended or revoked,

the chief constable may include in the notice a recommendation to that effect.

(6) If the Licensing Board receives from the [F116 chief constable] a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.

(7) If the Licensing Board receives from the [F117 chief constable] a notice under subsection (4)(b) [F118 which includes a recommendation under subsection (5)], the Licensing Board must make a premises licence review proposal in respect of the premises licence.

[F119 (7A) If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—

(a) make a premises licence review proposal in respect of the premises licence, or

(b) decide to take no further action in relation to the conviction.]

(8) In this section, “notice of conviction” means a notice under section 42(2) or 43(3).

Textual Amendments

F113 Words in s. 44(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F114 Words in s. 44(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F115 Words in s. 44(5)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 8; S.S.I. 2010/413, art. 2, Sch.

F116 Words in s. 44(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F117 Words in s. 44(7) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F118 Words in s. 44(7) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 50(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

F119 S. 44(7A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 50(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

Commencement Information

I46 S. 44 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

Premises under construction or conversion S

45 Provisional premises licence S

(1) A premises licence application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed or converted for use as licensed premises.

(2) A premises licence application in respect of any such premises is referred to in this Act as a “provisional premises licence application”.

(3) A premises licence issued in respect of any such premises does not take effect unless and until it is confirmed by the Licensing Board which issued it in accordance with section 46.

(4) If a premises licence issued in respect of any such premises is not confirmed before the end of the provisional period, then at the end of that period the licence is treated as revoked.

(5) A premises licence—

(a) to which subsection (3) applies, and

(b) which has not been confirmed in accordance with section 46,

is referred to in this Act as a “provisional premises licence”.

(6) The provisional period, in relation to a provisional premises licence, is the period of [F120 4] years beginning with the date of issue of the licence.

(7) On the application of the holder of a provisional premises licence made before the expiry of the provisional period, the Licensing Board which issued the licence may, if satisfied as to the matter mentioned in subsection (8), extend the provisional period by such period as the Board considers appropriate.

(8) That matter is that—

(a) completion of the construction or conversion of the premises to which the licence relates has been delayed, and

(b) the delay has been caused by factors outwith the premises licence holder's control.

(9) Where the provisional period in relation to any provisional premises licence has been extended under subsection (7), references in this section and section 46 to the provisional period are to that period as so extended.

(10) Section 20 has effect in relation to a provisional premises licence application as if—

(a) in subsection (2)(b), for sub-paragraph (iii) there were substituted—

“(iii) the certificate required by section 50(2),”, and

(b) in subsection (4), paragraph (g) were omitted.

(11) In this section, “construct” and “convert” have the same meanings as they have for the purposes of the Building (Scotland) Act 2003 (asp 8).

Textual Amendments

F120 Figure in s. 45(6) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 185, 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 8)

Commencement Information

I47 S. 45 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

46 Confirmation of provisional premises licence S

(1) The holder of a provisional premises licence may, at any time before the expiry of the provisional period in relation to the licence, apply to the Licensing Board which issued the licence for confirmation of the licence.

(2) An application under subsection (1) must be accompanied by—

(a) the provisional premises licence,

(b) the operating plan for the premises to which the licence relates,

(c) the layout plan for the premises, and

(d) the certificates required by section 50(3).

(3) The operating plan referred to in subsection (2)(b) must, in particular and without prejudice to subsection (4) of section 20, contain a statement of the information specified in paragraph (g) of subsection (4) of that section.

(4) Where a Licensing Board which issued a provisional premises licence receives an application under subsection (1) in respect of the licence, the Board must, if satisfied as to the matters mentioned in subsection (5), confirm the licence.

(5) Those matters are that—

(a) since the provisional premises licence was issued, or

(b) if, since that time, an application for a variation of the licence has been granted under section 30, since the last such application was granted,

there has been no variation (other than a minor variation) made to the operating plan or layout plan for the premises to which the licence relates.

(6) Where a Licensing Board confirms a provisional premises licence under subsection (4), the Board may, for the purpose specified in subsection (7), make a variation of the conditions to which the licence is subject.

(7) That purpose is ensuring consistency with any licensing policy statement or supplementary licensing policy statement published since the licence was issued.

Commencement Information

I48 S. 46 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

47 Temporary premises licence S

(1) This section applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (referred to in this section as the “principal premises”).

(2) The appropriate Licensing Board in relation to the principal premises may—

(a) on the application of the holder of the premises licence in respect of the premises, and

(b) if satisfied as to the matters mentioned in subsection (3),

issue to the applicant a premises licence in respect of such other premises within the Licensing Board's area as are specified in the application (such premises being referred to in this section as the “temporary premises”).

(3) The matters referred to in subsection (2)(b) are—

(a) that the temporary premises are suitable for use for the sale of alcohol, and

(b) that it is necessary to grant the application to enable the applicant to carry on business pending reconstruction or conversion of the principal premises.

(4) A premises licence issued under subsection (2) is referred to in this Act as a “temporary premises licence”.

[F121 (4A) Where a Licensing Board issues a temporary premises licence, the Board must send a copy of the temporary premises licence to the [F122 chief constable].]

(5) A temporary premises licence—

(a) has effect for such period of not more than 2 years beginning with the date of its issue as the Licensing Board may determine, and

(b) is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Licensing Board considers appropriate.

(6) The Licensing Board may, on the application of the holder of a temporary premises licence, extend the period during which it has effect for such further period of not more than 12 months as they may determine.

(7) In this section—

• “conversion” has the same meaning as it has for the purposes of the Building (Scotland) Act 2003 (asp 8), and

• “reconstruction” includes alteration, re-erection and extension.

Textual Amendments

F121 S. 47(4A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 187(3), 206(1); S.S.I. 2010/413, art. 2, Sch.

F122 Words in s. 47(4A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I49 S. 47 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Updating of licence S

48 Notification of change of name or address S

(1) A premises licence holder must, not later than one month after the occurrence of any change in—

(a) the licence holder's name or address, F123 ...

(b) the name or address of the premises manager specified in the licence [F124 , or

(c) the name or address of any person who is—

(i) a connected person in relation to the licence holder, F125 ...

F126 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

give the appropriate Licensing Board notice of the change.

(2) A notice under subsection (1) must be accompanied by the premises licence or, if that is not practicable, by a statement of the reasons for the failure to produce the licence.

[F127 (2A) Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the [F128 chief constable].]

(3) A premises licence holder who fails, without reasonable excuse, to comply with subsection (1), commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F123 Word in s. 48(1) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 184(3)(a)(i), 206(1); S.S.I. 2010/413, art. 2, Sch.

F124 S. 48(1)(c) and word inserted (13.12.2010 for the insertion of s. 48(1)(c)(i) only, 29.6.2018 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 184(3)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, sch.; S.S.I. 2018/102, art. 2(a)

F125 Word in s. 48(1)(c) repealed (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(4)(a), 88(2); S.S.I. 2018/102, art. 3

F126 S. 48(1)(c)(ii) repealed (29.6.2018) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 59(4)(b), 88(2); S.S.I. 2018/102, art. 3

F127 S. 48(2A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 184(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

F128 Words in s. 48(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I50 S. 48 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

49 Licensing Board's duty to update premises licence S

(1) Subsection (2) applies where a Licensing Board—

(a) receives a notice under section 48(1) in relation to a premises licence,

(b) grants a premises licence variation application or otherwise makes a variation of a premises licence,

(c) grants an application under section 33(1) or 34(1) for the transfer of a premises licence,

(d) in relation to a provisional premises licence, grants—

(i) an application under section 45(7) for an extension of the provisional period, or

(ii) an application under section 46(1) for confirmation of the licence,

(e) in relation to a temporary premises licence, grants an application under section 47(6) for an extension of the period during which the licence has effect, or

(f) on reviewing a premises licence, takes any of the steps referred to in section 39(1).

(2) The Board must make any necessary amendments to the licence and, if necessary, issue a new summary of the licence.

[F129 (2A) Where a Licensing Board issues a new summary of the licence under subsection (2), the Board must send a copy of the new summary of the licence to the [F130 chief constable].]

(3) Where a Licensing Board is not in possession of a premises licence and—

(a) the licence has ceased to have effect under any provision of this Act, or

(b) the Board requires the licence for the purpose of complying with the duty under subsection (2),

the Board may require the licence holder to produce the licence to the Board within 14 days from the date on which the requirement is notified.

(4) A licence holder who, without reasonable excuse, fails to comply with a requirement made under subsection (3), commits an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

F129 S. 49(2A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 187(4), 206(1); S.S.I. 2010/413, art. 2, Sch.

F130 Words in s. 49(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I51 S. 49 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Miscellaneous S

50 Certificates as to planning, building standards and food hygiene S

(1) A premises licence application (other than a provisional premises licence application) must be accompanied by—

(a) a planning certificate,

(b) a building standards certificate, and

(c) if food is to be supplied on the premises, a food hygiene certificate,

in respect of the subject premises.

(2) A provisional premises licences application must be accompanied by a provisional planning certificate in respect of the subject premises.

(3) An application under section 46(1) in respect of any premises must be accompanied by—

(a) if the provisional planning certificate which accompanied the provisional premises licence application in respect of the subject premises consisted of outline planning permission [F131 or planning permission in principle], a planning certificate,

(b) a building standards certificate, and

(c) if food is to be supplied on the premises, a food hygiene certificate,

in respect of the subject premises.

(4) A planning certificate is a certificate signed on behalf of the appropriate authority and stating—

(a) that planning permission under the Town and Country Planning (Scotland) Act 1997 (c. 8) (referred to in this section as “the 1997 Act”) in respect of any development of the subject premises in connection with their proposed use as licensed premises has been obtained, or

(b) that no such planning permission is required.

(5) A provisional planning certificate is a certificate signed on behalf of the appropriate authority and stating—

(a) that planning permission[F132 , planning permission in principle] or outline planning permission under the 1997 Act has been obtained in respect of the construction or conversion of the subject premises, or

(b) that no such planning permission is required.

(6) A building standards certificate is a certificate signed on behalf of the appropriate authority and stating—

(a) that a completion certificate has been accepted under section 18 of the Building (Scotland) Act 2003 (asp 8) (referred to in this section as “the 2003 Act”) in respect of any construction or conversion of the subject premises in connection with their proposed use as licensed premises,

(b) that permission for the temporary occupation or use of the premises has been granted under section 21(3) of the 2003 Act, or

(c) that no such completion certificate or permission is required.

(7) A food hygiene certificate is a certificate signed on behalf of the appropriate authority and stating that the subject premises comply with [F133 such requirements as the Scottish Ministers may, by order, specify.]

[F134 (7A) An order under subsection (7) may specify requirements by reference to provision contained in another enactment.]

(8) In this section—

• “appropriate authority” means—

  (a)

  in relation to a planning certificate or provisional planning certificate, the planning authority (within the meaning of the 1997 Act) for the area in which the subject premises are situated,

  (b)

  in relation to a building standards certificate, the council for that area,

  (c)

  in relation to a food hygiene certificate, the food authority (within the meaning of [F135 section 5 of the Food Safety Act 1990 (c.16)]) for that area,

• “construction” and “conversion” have the same meanings as they have in the 2003 Act,

• “development” has the same meaning as it has in the 1997 Act.

Textual Amendments

F131 Words in s. 50(3)(a) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 4(2)(a)

F132 Words in s. 50(5)(a) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 4(2)(b)

F133 Words in s. 50(7) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 186(2), 206(1); S.S.I. 2011/178, art. 2, Sch.

F134 S. 50(7A) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 186(3), 206(1); S.S.I. 2011/178, art. 2, Sch.

F135 Words in s. 50(8)(c) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 186(4), 206(1); S.S.I. 2011/178, art. 2, Sch.

Commencement Information

I52 S. 50 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

51 Notification of determinations S

(1) Where a Licensing Board grants or refuses an application under this Part, the Board must give notice of the grant or refusal to—

(a) the applicant,

(b) the [F136 chief constable], and

(c) in the case of the grant or refusal of a premises licence application, any person who gave a notice of objection or representation under section 22(1) in respect of the application.

(2) A person to whom notice is given under subsection (1) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(3) Where the clerk of a Licensing Board receives a notice under subsection (2), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (1).

(4) A statement of reasons under subsection (3) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.

Textual Amendments

F136 Words in s. 51(1)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I53 S. 51 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

52 Duty to keep, display and produce premises licence S

(1) A premises licence holder must secure that the premises licence, or a certified copy of it, is kept at the premises in respect of which it is issued in the custody or under the control of—

(a) the licence holder, or

(b) the premises manager.

(2) A premises licence holder must secure that the summary of the licence, or a certified copy of the summary, is prominently displayed on the premises so as to be capable of being read by anyone frequenting the premises.

(3) A premises licence holder who fails, without reasonable excuse, to comply with subsection (1) or (2) commits an offence.

(4) Any of the persons specified in subsection (5) may require the person in whose custody or under whose control a premises licence (or a certified copy of it) is kept by virtue of subsection (1) to produce the licence (or certified copy) for inspection.

(5) The persons referred to in subsection (4) are—

(a) a constable, and

(b) a Licensing Standards Officer for the council area in which the premises are situated.

(6) A person who fails, without reasonable excuse, to comply with a requirement made under subsection (4) commits an offence.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I54 S. 52 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

53 Theft, loss etc. of premises licence or summary S

(1) This section applies where the appropriate Licensing Board receives from a premises licence holder an application for a replacement premises licence or a replacement summary.

(2) If satisfied that—

(a) the premises licence held by the licence holder or, as the case may be, the summary of it has been lost, stolen, damaged or destroyed, and

(b) where it has been lost or stolen, the licence holder has reported the loss or theft to the police,

the Licensing Board must issue to the licence holder a replacement licence or, as the case may be, a replacement summary.

(3) A replacement licence or a replacement summary is a copy of the licence or summary—

(a) in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and

(b) certified by the Board to be a true copy.

(4) In this Act, references to—

(a) a premises licence include references to a replacement premises licence,

(b) a summary of a premises licence include references to a replacement summary,

issued under this section.

Commencement Information

I55 S. 53 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

54 Dismissal, resignation, death etc. of premises manager S

(1) This section applies where any of the events specified in subsection (2) occurs in relation to any licensed premises in respect of which a premises licence has effect.

(2) Those events are—

(a) the premises manager ceases to work at the premises,

(b) the premises manager becomes incapable for any reason of acting as premises manager,

(c) the premises manager dies, or

(d) the personal licence held by the premises manager is revoked or suspended.

(3) The premises licence holder must, not later than 7 days after the occurrence of the event, give notice of it to the appropriate Licensing Board.

(4) Subsection (5) applies if—

(a) subsection (3) is complied with, and

(b) within the period of 6 weeks beginning with the day on which the event occurs, a premises licence variation application is made seeking a variation of the premises licence in respect of the premises so as to substitute another individual as the premises manager.

(5) Any breach of the conditions specified in paragraphs 4 and 5 of schedule 3 in the period beginning with the occurrence of the event and ending with the receipt by the Licensing Board of the application referred to in subsection (4)(b) is, so far as it is attributable to the occurrence of the event, to be disregarded.

(6) If no such application as is mentioned in paragraph (b) of subsection (4) is made within the period mentioned in that paragraph, then, at the end of that period, the Licensing Board must vary the premises licence so that there is no longer any premises manager specified in it.

Commencement Information

I56 S. 54 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

55 Certified copies S

Any reference in this Part to a certified copy of a premises licence or of a summary of such a licence is a reference to a copy of the licence or summary certified to be a true copy by—

(a) the Licensing Board,

(b) a solicitor or notary public, or

(c) a person of a prescribed description.

Commencement Information

I57 S. 55 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Part 4 S Occasional licences

56 Occasional licence S

(1) A Licensing Board may, on the application of any of the persons mentioned in subsection (2) made in relation to any premises (other than licensed premises) within the Board's area, issue to the applicant a licence (referred to in this Act as an “occasional licence”) authorising the sale of alcohol on the premises.

(2) Those persons are—

(a) the holder of a premises licence,

(b) the holder of a personal licence, and

(c) a representative of any voluntary organisation.

(3) An application under subsection (1) must contain details of the information which the applicant proposes should be included in the licence under subsection (7)(b).

(4) An application under subsection (1) which complies with subsection (3) is referred to in this Act as an “occasional licence application”.

(5) An occasional licence has effect for such period of not more than 14 days as the Licensing Board may determine.

(6) A Licensing Board may issue under subsection (1) in respect of any one voluntary organisation in any period of 12 months—

(a) not more than 4 occasional licences each having effect for a period of 4 days or more, and

(b) not more than 12 occasional licences each having effect for a period of less than 4 days,

provided that, in any period of 12 months, the total number of days on which occasional licences issued in respect of the organisation have effect does not exceed 56.

[F137 (6A) If the granting of an occasional licence application would result in the occasional licence limit being exceeded, the Board must refuse the application.

(6B) The “ occasional licence limit ” means—

(a) in the case of a voluntary organisation, a limit provided for in subsection (6),

(b) in any other case, such limit as may be prescribed.

(6C) Regulations under subsection (6B)(b) may, in particular—

(a) limit the number of occasional licences that may have effect in respect of—

(i) the same applicant, or

(ii) the same premises,

in any period of 12 months,

(b) limit the number of days on which occasional licences may have effect in respect of—

(i) the same applicant, or

(ii) the same premises,

in any period of 12 months,

(c) limit the number of continuous days on which occasional licences may have effect in respect of the same premises.]

(7) An occasional licence issued by a Licensing Board under subsection (1) must—

(a) be in the prescribed form, and

(b) contain the information specified in subsection (8).

(8) That information is—

(a) the name and address of the holder of the licence,

(b) a description of the premises in respect of which it is issued,

(c) a description of the activities to be carried on in the premises,

(d) a statement of the period during which the licence has effect,

(e) a statement of the times during which alcohol may be sold on the premises,

(f) a statement as to whether alcohol may be sold for consumption on the premises, off the premises or both,

(g) a statement of the times at which any other activities in addition to the sale of alcohol are to be carried on in the premises,

(h) where alcohol is to be sold for consumption on the premises, a statement as to whether children or young persons are to be allowed entry to the premises and, if they are to be allowed entry, a statement of the terms on which they are allowed entry including, in particular—

(i) the ages of the children or young persons to be allowed entry,

(ii) the times at which they are to be allowed entry, and

(iii) the parts of the premises to which they are to be allowed entry,

(i) the conditions to which the licence is subject, or, in relation to any such condition, a reference to another document in which details of the condition can be found, and

(j) such other information as may be prescribed.

(9) Where alcohol is to be sold both for consumption on and for consumption off the premises, the occasional licence for the premises may, under subsection (8)(e), state different times for—

(a) the sale of alcohol for consumption on the premises, and

(b) the sale of alcohol for consumption off the premises.

[F138 (10) Where a Licensing Board issues an occasional licence under subsection (1), the Board must send a copy of the occasional licence to the [F139 chief constable].]

Textual Amendments

F137 S. 56(6A)-(6C) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 13(2), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F138 S. 56(10) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 187(5), 206(1); S.S.I. 2010/413, art. 2, Sch.

F139 Words in s. 56(10) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I58 S. 56 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

57 Notification of application to chief constable and Licensing Standards Officer S

(1) Where a Licensing Board receives an occasional licence application, the Board must give notice of it, together with a copy of the application, to—

(a) the [F140 chief constable], and

(b) any Licensing Standards Officer for the area in which the subject premises are situated.

F141 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A Licensing Standards Officer may, within 21 days of receipt of a notice under subsection (1)(b), prepare and submit to the Licensing Board a report setting out the Officer's comments on the application.

[F142 (3A) If a Licensing Standards Officer intends to prepare and submit a report but is, for a reason relating to coronavirus, unable to do so within the period mentioned in subsection (3)—

(a) the Officer must, within that period, make the Licensing Board aware of that situation, and

(b) if the Officer submits a report after the end of that period, the Board may take the report into account if the Board considers it reasonable to do so.]

[F143 (4) Subsection (5) applies where the Licensing Board is satisfied that the application requires to be dealt with quickly.

(5) [F144 Subsection (3) has] effect in relation to the application as if the [F145 reference] to the period of 21 days were [F146 a reference] to such shorter period of not less than 24 hours as the Board may determine.]

Textual Amendments

F140 Words in s. 57(1)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F141 S. 57(2) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 9; S.S.I. 2011/354, art. 2, sch.

F142 S. 57(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 5(3) (with ss. 11-13)

F143 S. 57(4)(5) added (1.10.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 189(2), 206(1); S.S.I. 2011/178, art. 2, Sch.

F144 Words in s. 57(5) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(7)(a); S.S.I. 2017/119, art. 2, sch.

F145 Word in s. 57(5) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(7)(b); S.S.I. 2017/119, art. 2, sch.

F146 Words in s. 57(5) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 88(2), sch. 2 para. 4(7)(c); S.S.I. 2017/119, art. 2, sch.

Commencement Information

I59 S. 57 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

58 Objections and representations S

(1) Where an occasional licence application is made to a Licensing Board, any person may by notice to the Licensing Board—

(a) object to the application on any ground relevant to one of the grounds for refusal specified in section 59(6), or

(b) make representations to the Board concerning the application, including, in particular, representations—

(i) in support of the application, or

(ii) as to conditions which the person considers should be imposed.

(2) Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any occasional licence application made to the Board, the Board must—

(a) give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and

(b) have regard to the objection or representation in determining the application,

unless the Board rejects the notice under subsection (3).

(3) A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the objection or representation is frivolous or vexatious.

(4) Where a Licensing Board rejects a notice of objection or representation under subsection (3), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.

(5) In any proceedings by a Licensing Board for the recovery of expenses under subsection (4), a copy of any minute of proceedings of the Licensing Board—

(a) recording the Board's rejection of the notice and the grounds for rejection, and

(b) certified by the clerk of the Board to be a true copy,

is sufficient evidence of the rejection and of the establishment of the ground for rejection.

Commencement Information

I60 S. 58 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

59 Determination of application S

(1) An occasional licence application received by a Licensing Board is to be determined in accordance with this section.

(2) If the Board has not received any—

F147 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) report from a Licensing Standards Officer under section 57(3), or

(c) notice of objection or representation under section 58(1),

relating to the application, the Board must grant the application [F148 unless the application must be refused under section 56(6A), 64(2) or 65(3)].

(3) In any other case, the Board must consider whether any of the grounds for refusal applies and—

(a) if none of them applies, the Board must grant the application, or

(b) if any of them applies, the Board must refuse the application.

(4) The Board may hold a hearing for the purposes of determining any application which is to be determined in accordance with subsection (3).

(5) Where the Board does not hold a hearing for that purpose, the Board must ensure that, before determining the application, the applicant is given an opportunity to comment on any such notice or report as is referred to in subsection (2).

(6) The grounds for refusal are—

(a) that the premises to which the application relates are excluded premises,

(b) that the application must be refused under section [F149 56(6A),] 64(2) or 65(3),

(c) that the Licensing Board considers the granting of the application would be inconsistent with one or more of the licensing objectives,

(d) that, having regard to—

(i) the nature of the activities proposed to be carried on in the premises to which the application relates,

(ii) the location, character and condition of the premises, and

(iii) the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol.

F150 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In determining any application which is to be determined in accordance with subsection (3), the Board must take into account any report from a Licensing Standards Officer under section 57(3).

Textual Amendments

F147 S. 59(2)(a) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 10(2); S.S.I. 2011/354, art. 2, Sch.

F148 Words in s. 59(2) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 13(3)(a), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F149 Word in s. 59(6)(b) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 13(3)(b), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F150 S. 59(7) repealed (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 10(3); S.S.I. 2011/354, art. 2, Sch.

Commencement Information

I61 S. 59 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

60 Conditions of occasional licence S

(1) Except to the extent that schedule 4 provides otherwise, every occasional licence is subject to the conditions specified in that schedule.

(2) The Scottish Ministers may by regulations modify schedule 4 so as—

(a) to add [F151 , delete or amend a condition] as they consider necessary or expedient for the purposes of any of the licensing objectives, or

(b) to extend the application of any condition [F152 for the time being] specified in the schedule.

(3) The Scottish Ministers may by regulations prescribe further conditions as conditions which Licensing Boards may, at their discretion, impose on the granting by them of occasional licences.

(4) Without prejudice to subsection (3), where a Licensing Board grants an occasional licence, the Board may impose such other conditions (in addition to those to which the licence is subject by virtue of subsection (1)) as they consider necessary or expedient for the purposes of any of the licensing objectives.

(5) A Licensing Board may not impose a condition under subsection (4) which—

(a) is inconsistent with any condition—

(i) to which the occasional licence is subject by virtue of subsection (1), or

(ii) prescribed under subsection (3),

(b) would have the effect of making any such condition more onerous or more restrictive, or

(c) relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment.

(6) The conditions which may be—

(a) added under subsection (2)(a),

(b) prescribed under subsection (3), or

(c) imposed under subsection (4),

include, in particular, conditions of the kind described in subsection (7).

(7) Those are conditions requiring anything to be done, or prohibiting or restricting the doing of anything, in connection with—

(a) the sale of alcohol on the premises in respect of which an occasional licence has effect, or

(b) any other activity carried on in such premises.

Textual Amendments

F151 Words in s. 60(2)(a) substituted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 8(2)(a), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F152 Words in s. 60(2)(b) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 8(2)(b), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Commencement Information

I62 S. 60 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

61 Notification of determinations S

(1) Where a Licensing Board grants or refuses an occasional licence application, the Board must give notice of the grant or refusal to—

(a) the applicant,

(b) the [F153 chief constable],

(c) any Licensing Standards Officer for the area in which the subject premises are situated, and

(d) any person who gave a notice of objection or representation under section 58(1) in respect of the application.

(2) A person to whom notice is given under subsection (1) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(3) Where the clerk of a Licensing Board receives a notice under subsection (2), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (1).

(4) A statement of reasons under subsection (3) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.

Textual Amendments

F153 Words in s. 61(1)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I63 S. 61 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Part 5 S Licensed hours

General S

62 Licensed hours S

(1) In this Act, “licensed hours” means, in relation to licensed premises—

(a) in the case of licensed premises in respect of which a premises licence has effect, the period or periods of time specified for the time being in the operating plan contained in the premises licence as those during which alcohol is to be sold on the premises, and

(b) in the case of licensed premises in respect of which an occasional licence has effect, the period or periods of time specified in the licence as those during which alcohol may be sold on the premises,

and a reference to a period of licensed hours is a reference to any of those periods of time.

(2) In this Act—

(a) in relation to any premises—

(i) “on-sales hours” means licensed hours applying to the sale of alcohol for consumption on the premises,

(ii) “off-sales hours” means licensed hours applying to the sale of alcohol for consumption off the premises, and

(b) in relation to any licensed premises on which alcohol is sold both for consumption on the premises and for consumption off the premises, references to licensed hours are—

(i) in relation to alcohol sold for consumption on the premises, to be read as references to on-sales hours,

(ii) in relation to alcohol sold for consumption off the premises, to be read as references to off-sales hours.

(3) Subsection (1) is subject to sections 67(6) and 68(5).

Commencement Information

I64 S. 62 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

63 Prohibition of sale, consumption and taking away of alcohol outwith licensed hours S

(1) Subject to subsection (2), a person commits an offence if, outwith licensed hours, the person—

(a) sells alcohol, or allows alcohol to be sold, on licensed premises,

(b) allows alcohol to be consumed on licensed premises, or

(c) allows alcohol to be taken from licensed premises.

(2) It is not an offence under subsection (1) for a person to—

(a) allow alcohol to be consumed on licensed premises at any time within 15 minutes of the end of any period of licensed hours if the alcohol was sold during that period,

(b) allow alcohol to be taken from licensed premises at any time within 15 minutes of the end of any period of licensed hours if the alcohol—

(i) was sold during that period, and

(ii) is not taken from the premises in an open container,

(c) allow alcohol to be consumed on or taken from licensed premises outwith licensed hours if the person consuming or taking the alcohol—

(i) resides on the premises, or

(ii) is a guest of a person who resides there,

(d) sell alcohol or allow alcohol to be sold on licensed premises outwith licensed hours if the alcohol is sold to a person who resides on the premises,

(e) allow alcohol to be consumed on licensed premises at a meal at any time within 30 minutes of the end of any period of licensed hours if the alcohol was sold—

(i) during that period,

(ii) at the same time as the meal, and

(iii) for consumption at the meal,

(f) sell alcohol or allow alcohol to be sold on [F154 or taken from] licensed premises outwith licensed hours if the alcohol is sold to—

(i) a person who is a trader for the purposes of the person's trade, or

(ii) a person for supply to or on any premises which are occupied for the purposes of the armed forces of the Crown.

(3) It is a defence for a person (“the accused”) charged with an offence under subsection (1) of allowing alcohol to be consumed on or taken from any licensed premises outwith licensed hours to prove—

(a) that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised all due diligence not to commit the offence, or

(b) that there were no lawful and reasonably practicable means by which the accused could prevent the person consuming or taking the alcohol on or from the premises from so doing.

(4) A person commits an offence if, having been requested by a responsible person not to do so, the person consumes alcohol on, or takes alcohol from, licensed premises outwith licensed hours.

(5) In subsection (4), “responsible person” means—

(a) in the case of licensed premises in respect of which a premises licence has effect, the premises manager,

(b) in the case of licensed premises in respect of which an occasional licence has effect, the holder of the licence,

(c) in either case, any person who works on the premises in a capacity (whether paid or unpaid) which authorises the person to make the request mentioned in subsection (4).

(6) Nothing in this section prevents or restricts—

(a) the ordering of alcohol for consumption off licensed premises, or

(b) the despatch of alcohol so ordered by the person selling it.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F154 Words in s. 63(2)(f) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 188(2), 206(1); S.S.I. 2011/178, art. 2, Sch.

Commencement Information

I65 S. 63 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

64 24 hour licences to be granted only in exceptional circumstances S

(1) Subsection (2) applies where, in relation to any premises—

(a) an application of any of the following kinds is made to a Licensing Board in respect of the premises, namely—

(i) a premises licence application,

(ii) a premises licence variation application,

(iii) an occasional licence application, or

(iv) an extended hours application, and

(b) if the application were to be granted, the licensed hours in relation to the premises would be such as to allow alcohol to be sold on the premises during a continuous period of 24 hours or more.

(2) The Licensing Board must refuse the application unless the Board is satisfied that there are exceptional circumstances which justify allowing the sale of alcohol on the premises during such a period.

Commencement Information

I66 S. 64 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

65 Licensed hours: off-sales S

(1) This section applies where an application specified in subsection (2) is made to a Licensing Board in relation to any premises, but only so far as the application is for—

(a) a licence authorising the sale of alcohol for consumption off the premises, or

(b) an extension of off-sales hours in relation to the premises.

(2) That application is—

(a) a premises licence application,

(b) a premises licence variation application,

(c) an occasional licence application, or

(d) an extended hours application.

(3) If the off-sales hours proposed in the application are such that alcohol would be sold for consumption off the premises—

(a) before 10am,

(b) after 10pm, or

(c) both,

on any day, the Board must refuse the application.

(4) The Scottish Ministers may by order substitute other times for the times specified in subsection (3).

(5) Where subsection (3) does not apply, in considering whether the granting of the application would be inconsistent with any of the licensing objectives, the Board must, in particular, consider the effect (if any) which the off-sales hours proposed in the application would have on the occurrence of antisocial behaviour.

(6) In subsection (5), “antisocial behaviour” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

(7) This section is without prejudice to the generality of sections 23(4), 30(4), 59(3) and 68(1).

Commencement Information

I67 S. 65 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

66 Effect of start and end of British Summer Time S

(1) Subsection (2) applies in relation to any period of licensed hours—

(a) during which, or

(b) at the end of which,

British Summer Time is due to begin or end.

(2) The beginning or, as the case may be, ending of British Summer Time is to be disregarded for the purpose of determining the time at which that period of licensed hours ends and, accordingly, the period ends at the time it would have ended had British Summer Time not begun or ended.

(3) In this section, “British Summer Time” means the period of summer time for the purposes of the Summer Time Act 1972 (c. 6).

Commencement Information

I68 S. 66 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

Occasional extensions S

67 Power for Licensing Board to grant general extensions of licensed hours S

(1) A Licensing Board may, if they consider it appropriate to do so in connection with a special event of local or national significance, make a determination extending licensed hours by such period as the Board may specify in the determination.

(2) A determination under subsection (1) may apply to—

(a) the whole of the Licensing Board's area or only to specified parts of the area,

(b) licensed hours generally or only to specified descriptions of licensed hours, and

(c) all licensed premises in the Board's area or only to specified descriptions of such premises.

(3) A determination under subsection (1) has effect for such period as the Board may specify in it.

(4) Where a Licensing Board makes a determination under subsection (1), the Board must—

(a) give notice of the determination to—

(i) the [F155 chief constable], and

(ii) the holders of premises licences and occasional licences in respect of premises to which the determination applies, and

(b) publicise it in such manner as the Board sees fit.

(5) Nothing in this section is to be taken as requiring any licensed premises to be open for the sale of alcohol during the period of any extension of licensed hours specified in a determination under subsection (1).

(6) Except where the context requires otherwise, references in this Act to “licensed hours”are, in relation to any relevant premises to which a determination under subsection (1) applies, to be taken as references to such hours as extended by the determination.

(7) In this section, “specified” means specified in a determination under subsection (1).

Textual Amendments

F155 Words in s. 67(4)(a)(i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I69 S. 67 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

68 Extended hours applications S

(1) The appropriate Licensing Board may—

(a) on the application of the holder of the premises licence in respect of any licensed premises, and

(b) if the Board consider it appropriate to do so in connection with—

(i) a special event or occasion to be catered for on the premises, or

(ii) a special event of local or national significance,

extend the licensed hours in respect of the premises by such period as is specified in the application or such other period as the Board consider appropriate.

(2) An extension of licensed hours under subsection (1) has effect for such period as is specified in the application or such other period as the Board consider appropriate; but in either case the period must not exceed one month.

(3) An application under subsection (1) is referred to in this Act as an “extended hours application”.

(4) A period of licensed hours which is extended under this section may not be further extended under this section.

(5) Except where the context requires otherwise, references in this Act to “licensed hours” are, in relation to any period of licensed hours extended under this section, to be taken as references to such hours as so extended.

(6) References in this section to “licensed premises” do not include premises in respect of which an occasional licence has effect.

Commencement Information

I70 S. 68 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

69 Notification of extended hours application S

(1) Where a Licensing Board receives an extended hours application, the Board must give notice of it, together with a copy of the application, to—

(a) the [F156 chief constable], and

(b) any Licensing Standards Officer for the area in which the subject premises are situated.

(2) The [F157 chief constable] may, within 10 days of receipt of a notice under subsection (1)(a), by notice to the appropriate Licensing Board object to the application if the chief constable considers it necessary to do so for the purposes of [F158 any of the licensing objectives].

(3) A Licensing Standards Officer must, within 10 days of receipt of a notice under subsection (1)(b), prepare and submit to the Licensing Board a report setting out the Officer's comments on the application.

[F159 (4) Subsections (5) and (6) apply where the Licensing Board is satisfied that the application requires to be dealt with quickly.

(5) Subsections (2) and (3) have effect in relation to the application as if the references to the period of 10 days were references to such shorter period of not less than 24 hours as the Board may determine.

(6) Subsection (3) has effect in relation to the application as if for the word “must” there were substituted “ may ”.]

Textual Amendments

F156 Words in s. 69(1)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F157 Words in s. 69(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F158 Words in s. 69(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 11; S.S.I. 2010/413, art. 2, Sch.

F159 S. 69(4)-(6) added (1.10.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 190(2), 206(1); S.S.I. 2011/178, art. 2, Sch.

Commencement Information

I71 S. 69 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

70 Determination of extended hours application S

(1) In determining an extended hours application, the Licensing Board must take into account—

(a) any notice of objection given by the [F160 chief constable] under section 69(2), and

(b) the Licensing Standards Officer's report under section 69(3).

(2) The Board may hold a hearing for the purpose of determining an extended hours application.

(3) Where the Board does not hold a hearing for that purpose, the Board must, before determining the application, ensure that the applicant is given an opportunity to comment on any such notice or report as is mentioned in subsection (1).

(4) Where a Licensing Board grants or refuses an extended hours application, the Board must give notice of the grant or refusal to—

(a) the applicant,

(b) the [F161 chief constable], and

(c) any Licensing Standards Officer for the area in which the subject premises are situated.

(5) A person to whom notice is given under subsection (4) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(6) Where the clerk of a Licensing Board receives a notice under subsection (5), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) each person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (4).

(7) A statement of reasons under subsection (6) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.

Textual Amendments

F160 Words in s. 70(1)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F161 Words in s. 70(4)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I72 S. 70 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F162 70A Extended hours applications: variation of conditions S

(1) On granting an extended hours application under section 68(1) in respect of a premises licence, the Licensing Board may make such variation of the conditions to which the licence is subject as the Board considers necessary or expedient for the purposes of any of the licensing objectives.

(2) A variation made under subsection (1)—

(a) may have effect only in relation to a period of licensed hours which is extended under section 68(1), and

(b) ceases to have effect at the end of the period for which the extension of the licensed hours has effect under section 68(2).

(3) In subsection (1), “variation” includes addition, deletion or other modification.]

Textual Amendments

F162 S. 70A inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 191, 206(1); S.S.I. 2011/178, art. 2, Sch.

Part 6 S Personal licences

Introductory S

71 Personal licence S

In this Act, “personal licence”, in relation to an individual, means a licence—

(a) issued to the individual by a Licensing Board under section 76(1) of this Act, and

(b) authorising the individual to supervise or authorise the sale of alcohol.

Commencement Information

I73 S. 71 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

Grant and renewal of personal licence S

72 Application for personal licence S

(1) Any individual aged 18 years or more may apply for a personal licence to—

(a) if the individual is ordinarily resident in the area of any Licensing Board, that Board, or

(b) in any other case, any Licensing Board.

(2) An application under subsection (1) is referred to in this Act as a “personal licence application”.

Commencement Information

I74 S. 72 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

73 Notification of application to chief constable S

(1) Where a Licensing Board receives a personal licence application, the Board must give notice of it, together with a copy of the application, to the [F163 chief constable].

(2) The [F164 chief constable] must, within 21 days of the date of receipt of a notice under subsection (1), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (3).

(3) Those notices are—

(a) a notice stating that, as far as the chief constable is aware, the applicant has not been convicted of any relevant offence or foreign offence, or

(b) a notice specifying any convictions of the applicant for any such offence.

[F165 (4) On giving a notice under subsection (3)(a) or (b), if the [F166 chief constable] considers that it is necessary for the purposes of any of the licensing objectives that the personal licence application be refused, the chief constable may include in the notice a recommendation to that effect.]

[F167 (5) On giving a notice under subsection (3)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to the applicant that the chief constable considers may be relevant to consideration by the Board of the application.]

Textual Amendments

F163 Words in s. 73(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F164 Words in s. 73(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F165 S. 73(4) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 12; S.S.I. 2010/413, art. 2, sch.

F166 Words in s. 73(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F167 S. 73(5) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(2), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I75 S. 73 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F168 73A Notification of application to Licensing Standards Officer S

(1) Where a Licensing Board receive a personal licence application, the Board must give notice of it, together with a copy of the application, to a Licensing Standards Officer for the Board's area.

(2) A Licensing Standards Officer may, within 21 days of the date of receipt of a notice under subsection (1), respond to the notice by giving the Licensing Board any information in relation to the applicant that the Officer considers may be relevant to consideration by the Board of the application.

[F169 (2A) If a Licensing Standards Officer intends to respond to a notice but is, for a reason relating to coronavirus, unable to do so within 21 days of receipt of the notice—

(a) the Officer must, within that period, make the Licensing Board aware of that situation, and

(b) if the Officer responds to the notice after the end of that period, the Board may take the response into account if the Board considers it reasonable to do so.]]

Textual Amendments

F168 S. 73A inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(3), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F169 S. 73A(2A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 5(4) (with ss. 11-13)

74 Determination of personal licence application S

(1) A personal licence application received by a Licensing Board is to be determined by the Board in accordance with this section.

(2) If—

(a) all of the conditions specified in subsection (3) are met in relation to the applicant, F170 ...

(b) the Board has received from the [F171 chief constable] a notice under section 73(3)(a),

[F172 (c) the notice does not include a recommendation under section 73(4),

[F173 (ca) no information has been provided under section 73(5) or 73A(2),]

(d) the applicant has signed the application, and

(e) subsection (8) does not apply,]

the Board must grant the application.

(3) The conditions referred to in subsection (2)(a) are that—

(a) the applicant is aged 18 or over,

(b) the applicant possesses a licensing qualification, F174 ...

[F175 (ba) the applicant does not already hold a personal licence, and]

(c) no personal licence previously held by the applicant has been revoked [F176 under any provision of this Act other than section 87(3)] within the period of 5 years ending with the day on which the application was received.

(4) If any of those conditions is not met in relation to the applicant, the Licensing Board must refuse the application.

(5) If—

(a) all of those conditions are met in relation to the applicant, and

[F177 (b) the notice received from the [F178 chief constable] under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,]

the Licensing Board must hold a hearing for the purpose of considering and determining the application.

[F179 (5A) If—

(a) all of those conditions are met in relation to the applicant,

(b) the Board has received from the [F180 chief constable] a notice under subsection (3)(b) of section 73, and

(c) the notice does not include a recommendation under subsection (4) of that section,

the Board may hold a hearing for the purpose of considering and determining the application.

[F181 (5AA) If—

(a) all of those conditions are met in relation to the applicant,

(b) the notice received from the chief constable under subsection (3)(a) or (b) of section 73 does not include a recommendation under subsection (4) of that section, and

(c) information has been provided under subsection (5) of that section or under section 73A(2),

the Board may hold a hearing for the purpose of considering and determining the application.]

(5B) If the Board decides not to hold a hearing under subsection (5A) [F182 or (5AA)], the Board must grant the application.]

(6) At a hearing under subsection [F183 (5), (5A) or (5AA)], the Licensing Board must, after having regard to the chief constable's notice [F184 and any information provided under section 73(5) or 73A(2)]—

(a) if satisfied that [F185 a ground for refusal applies], refuse the application, or

(b) if not so satisfied, grant the application.

[F186 (6A) The grounds for refusal are—

(a) that, having regard to the licensing objectives, the applicant is not a fit and proper person to be the holder of a personal licence,

(b) that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.]

[F187 (7) Subsection (8) applies if—

(a) all of the conditions specified in subsection (3) are met in relation to the applicant,

(b) the Board has received from the [F188 chief constable] a notice under section 73(3)(a), and

(c) the applicant has held a personal licence which—

(i) expired within the period of 3 years ending on the day on which the application was received, or

(ii) was surrendered by the applicant by notice under section 77(6) received within that period.

(8) The Licensing Board may—

(a) hold a hearing for the purposes of considering and determining the application, and

(b) after having regard to the circumstances in which the personal licence previously held expired or, as the case may be, was surrendered—

(i) refuse the application, or

(ii) grant the application.]

Textual Amendments

F170 Word in s. 74(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(a)(i), 206(1); S.S.I. 2010/413, art. 2, sch.

F171 Words in s. 74(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F172 S. 74(2)(c)-(e) added (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, sch.

F173 S. 74(2)(ca) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F174 Word in s. 74(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(b)(i), 206(1); S.S.I. 2010/413, art. 2, sch.

F175 S. 74(3)(ba) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, sch.

F176 Words in s. 74(3)(c) inserted (5.8.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(2), 88(1)

F177 S. 74(5)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 6 para. 13(2); S.S.I. 2010/413, art. 2, sch.

F178 Words in s. 74(5)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F179 S. 74(5A)(5B) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 13(3); S.S.I. 2010/413, art. 2, sch.

F180 Words in s. 74(5A)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F181 S. 74(5AA) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F182 Words in s. 74(5B) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F183 Words in s. 74(6) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(d)(i), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F184 Words in s. 74(6) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(d)(ii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F185 Words in s. 74(6)(a) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(d)(iii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F186 S. 74(6A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(e), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F187 S. 74(7)(8) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(c), 206(1); S.S.I. 2010/413, art. 2, sch.

F188 Words in s. 74(7)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I76 S. 74 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

75 Applicant's duty to notify Licensing Board of convictions S

(1) This section applies where, during the period beginning with the making of a personal licence application and ending with determination of the application, the applicant is convicted of a relevant offence or a foreign offence.

(2) The applicant must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board to which the personal licence application was made.

(3) A notice under subsection (2) must specify—

(a) the nature of the offence, and

(b) the date of the conviction.

(4) Where the Licensing Board receives a notice under subsection (2) at any time before they have determined the personal licence application, the Board must—

(a) suspend consideration of the application, and

(b) give notice of the conviction to the [F189 chief constable].

(5) The [F190 chief constable] must, within 21 days of the date of receipt of a notice under subsection (4)(b), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).

(6) Those notices are—

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant offence or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant offence or foreign offence.

(7) Where the chief constable—

(a) proposes to give a notice under subsection (6)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of [F191 any of the licensing objectives] that the personal licence application be refused,

the chief constable may include in the notice a recommendation to that effect.

(8) On receipt of the chief constable's notice under subsection (6), the Licensing Board must resume consideration of the personal licence application and determine it in accordance with section 74.

(9) For that purpose, that section has effect as if—

(a) references in it to a notice under section 73(3)(a) included references to a notice under subsection (6)(a) of this section, F192 ...

(b) references in it to a notice under section 73(3)(b) included references to a notice under subsection (6)(b) of this section [F193 , and

(c) references in it to a recommendation under section 73(4) include references to a recommendation under subsection (7) of this section.]

(10) A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.

(11) A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F189 Words in s. 75(4)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F190 Words in s. 75(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F191 Words in s. 75(7)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 14(2); S.S.I. 2010/413, art. 2, Sch.

F192 Word in s. 75(9) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 14(3)(a); S.S.I. 2010/413, art. 2, Sch.

F193 S. 75(9)(c) and word added (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 14(3)(b); S.S.I. 2010/413, art. 2, Sch.

Modifications etc. (not altering text)

C8 S. 75(2) modified (1.2.2008) by Licensing (Relevant Offences) (Scotland) Regulations 2007 (S.S.I. 2007/513), regs. 1(1), 3

Commencement Information

I77 S. 75 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

76 Issue of licence S

(1) Where a Licensing Board grants a personal licence application, the Board must issue a personal licence, in the prescribed form, to the applicant.

(2) A personal licence issued under subsection (1) must specify—

(a) the name and address of the individual to whom it is issued,

(b) the Licensing Board issuing the licence,

(c) the expiry date of the licence,

(d) any relevant offence or foreign offence of which the applicant has been convicted, and

(e) such other matters as may be prescribed.

(3) A personal licence is void if, at the time it is issued under subsection (1), the individual to whom it is issued already holds a personal licence.

[F194 (4) A person who holds a void personal licence must surrender it to the Licensing Board.

(5) A person who, without reasonable excuse, fails to comply with subsection (4) commits an offence.

(6) A person who passes off a void personal licence as a valid personal licence knowing that the licence is void commits an offence.

(7) A person guilty of an offence under subsection (5) or (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F194 S. 76(4)-(7) added (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(3), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I78 S. 76 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

77 Period of effect of personal licence S

(1) A personal licence has effect, subject to the following provisions of this section, during the period of 10 years beginning with the date on which it is issued.

(2) That period, and any subsequent extension of it under this subsection, is extended for a further period of 10 years if a personal licence renewal application is granted in respect of the licence.

(3) A personal licence does not have effect for any period during which it is suspended by virtue of any provision of this Act.

(4) Subsection (3) does not affect the calculation of the period during which a personal licence has effect by virtue of subsection (1) as read with subsection (2).

(5) A personal licence ceases to have effect if—

(a) the licence is revoked under any provision of this Part, or

(b) the Licensing Board which issued the licence receives from the personal licence holder a notice under subsection (6).

(6) That is a notice—

(a) accompanied by the personal licence or, where that is not practicable, by a statement of reasons for failure to produce the licence, and

(b) stating that the licence holder wishes to surrender the licence.

(7) The date of expiry of the period during which a personal licence has effect is referred to in this Act as the “expiry date” of the licence.

(8) Not later than [F195 9] months before the expiry date of a personal licence, the Licensing Board which issued the licence must give notice to the licence holder that the licence will cease to have effect on the expiry date unless renewed.

Textual Amendments

F195 Word in s. 77(8) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(3), 88(2); S.S.I. 2017/119, art. 2, sch.

Modifications etc. (not altering text)

C9 S. 77 modified (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 23

C10 S. 77(1) excluded (30.6.2019) by The Licensing (Personal Licences Supplemental and Transitional Provision) (Scotland) Order 2019 (S.S.I. 2019/177), arts. 1(1), 2(2)

Commencement Information

I79 S. 77 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

78 Renewal of personal licence S

(1) The holder of a personal licence may, within the period specified in subsection (2), apply to the Licensing Board which issued the licence for renewal of the licence.

(2) The period referred to in subsection (1) is the period of [F196 9] months beginning [F197 12] months before the expiry date of the licence.

(3) An application under subsection (1) must be accompanied by—

(a) the personal licence to which it relates, or

(b) if that is not practicable, a statement of the reasons for failure to produce the licence.

(4) An application under subsection (1) which complies with subsection (3) is referred to in this Act as a “personal licence renewal application”.

(5) Sections [F198 73, 73A and 74] [F199 (other than subsection (3)(ba))] apply to a personal licence renewal application as they apply to a personal licence application.

(6) For that purpose, references in those sections to a personal licence application are to be read as if they included reference to a personal licence renewal application.

Textual Amendments

F196 Word in s. 78(2) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(4)(a)(i), 88(2); S.S.I. 2017/119, art. 2, sch.

F197 Word in s. 78(2) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(4)(a)(ii), 88(2); S.S.I. 2017/119, art. 2, sch.

F198 Words in s. 78(5) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(5), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F199 Words in s. 78(5) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(4)(b), 88(2); S.S.I. 2017/119, art. 2, sch.

Commencement Information

I80 S. 78 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

79 Notification of determinations S

(1) This section applies where a Licensing Board grants or refuses—

(a) a personal licence application, or

(b) a personal licence renewal application.

(2) The Board must give—

(a) the applicant, and

(b) the [F200 chief constable],

notice of the grant or refusal of the application.

(3) A person to whom notice is given under subsection (2) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(4) Where the clerk of a Licensing Board receives a notice under subsection (3), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a) the person giving the notice, and

(b) each other person to whom the Board gave notice under subsection (2).

(5) A statement of reasons under subsection (4) must be issued—

(a) by such time, and

(b) in such form and manner,

as may be prescribed.

Textual Amendments

F200 Words in s. 79(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I81 S. 79 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Conviction of licence holder for relevant or foreign offence S

80 Duty to notify court of personal licence S

(1) Subsection (2) applies where—

(a) a person who holds a personal licence is charged with a relevant offence, or

(b) a person charged with a relevant offence is granted a personal licence after the person's first appearance in court in connection with the offence but before—

(i) conviction and sentencing for the offence or acquittal, or

(ii) where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.

(2) The person must, no later than the person's first or, as the case may be, next appearance in court in connection with the offence—

(a) produce to the court the personal licence, or

(b) if that is not practicable, notify the court of—

(i) the existence of the personal licence,

(ii) the identity of the Licensing Board which issued the licence, and

(iii) the reasons why it is not practicable to produce the licence.

(3) A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Commencement Information

I82 S. 80 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

81 Court's duty to notify Licensing Board of convictions S

(1) This section applies where the clerk of a court in Scotland by or before which a person is convicted of a relevant offence is aware that the person holds a personal licence.

(2) The clerk of the court must, as soon as reasonably practicable after the conviction, give notice of the conviction to the Licensing Board which issued the personal licence held by the licence holder.

(3) Where—

(a) a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and

(b) that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),

the receiving Board must give notice of the conviction to the other Board.

Commencement Information

I83 S. 81 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

82 Licence holder's duty to notify Licensing Board of convictions S

(1) This section applies where a personal licence holder is convicted of a relevant or foreign offence.

(2) The licence holder must, no later than one month after the date of the conviction, give notice of the conviction to—

(a) the Licensing Board which issued the personal licence held by the licence holder, and

(b) if different, the Licensing Board for the area in which are situated any licensed premises in which the licence holder is working.

(3) A notice of conviction under subsection (2) must—

(a) specify—

(i) the nature of the offence, and

(ii) the date of the conviction, and

(b) be accompanied by—

(i) the personal licence held by the licence holder, or

(ii) if that is not practicable, a statement of the reasons for failure to produce the licence.

(4) Where—

(a) a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and

(b) that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),

the receiving Board must give notice of the conviction to the other Board.

(5) A licence holder who fails, without reasonable excuse, to comply with subsection (2) commits an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Modifications etc. (not altering text)

C11 S. 82(2) modified (1.2.2008) by Licensing (Relevant Offences) (Scotland) Regulations 2007 (S.S.I. 2007/513), regs. 1(1), 3

Commencement Information

I84 S. 82 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

83 Procedure where Licensing Board receives notice of conviction S

(1) Subsection (2) applies where the relevant Licensing Board—

(a) receives a notice of conviction relating to a personal licence holder, or

(b) becomes aware that a personal licence holder was, during the application period, convicted of a relevant offence or a foreign offence.

(2) The Licensing Board must give notice of the conviction to the [F201 chief constable].

(3) The [F202 chief constable] must, within 21 days of the date of receipt of a notice under subsection (2), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).

(4) Those notices are—

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or a foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant or a foreign offence.

(5) Where the [F203 chief constable]—

(a) proposes to give a notice under subsection (4)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of [F204 any of the licensing objectives] that the licence holder's personal licence should be revoked, suspended or endorsed,

the chief constable may include in the notice a recommendation to that effect.

(6) If the Licensing Board receives from the [F205 chief constable] a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.

(7) If the Licensing Board receives from the [F206 chief constable] a notice under subsection (4)(b) [F207 which includes a recommendation under subsection (5)] , the Licensing Board must hold a hearing.

[F208 (7A) If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—

(a) hold a hearing, or

(b) decide to take no further action in relation to the conviction.]

(8) At [F209 a hearing under subsection (7) or (7A)(a)], the Licensing Board may—

(a) having regard to—

(i) the conviction, and

(ii) any recommendation contained in the chief constable's notice under subsection (5),

(b) after giving—

(i) the licence holder concerned, and

(ii) the [F210 chief constable],

an opportunity to be heard, and

(c) if satisfied that it is necessary to do so for the purposes of [F211 any of the licensing objectives],

make an order under subsection (9).

[F212 (8A) Subsection (8) is subject to subsection (9A).]

(9) That order is an order—

(a) revoking,

(b) suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c) endorsing,

the personal licence held by the licence holder concerned.

[F213 (9A) Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.]

(10) Where the Licensing Board makes an order under subsection (9) [F214 or (9A)] , the Board must give—

(a) the licence holder concerned,

(b) the [F215 chief constable], and

(c) if different, the Licensing Board which issued the personal licence,

notice of the order and of the reasons for making it.

(11) In this section—

• “the application period” means, in relation to a personal licence holder, the period—

  (a)

  beginning with the date on which the application for the personal licence held by that licence holder was made, and

  (b)

  ending with the date on which that application was granted,

• “notice of conviction” means a notice under section 81(2) or 82(2), and

• “relevant Licensing Board” means, in relation to a personal licence holder—

  (a)

  if the personal licence holder is working as a premises manager at any licensed premises, the Licensing Board for the area in which those premises are situated,

  (b)

  in any other case, the Licensing Board which issued the personal licence held by the licence holder.

Textual Amendments

F201 Words in s. 83(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F202 Words in s. 83(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F203 Words in s. 83(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F204 Words in s. 83(5)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 6 para. 15(2); S.S.I. 2010/413, art. 2, sch.

F205 Words in s. 83(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F206 Words in s. 83(7) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F207 Words in s. 83(7) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 51(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

F208 S. 83(7A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 51(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

F209 Words in s. 83(8) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 51(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

F210 Words in s. 83(8)(b)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F211 Words in s. 83(8)(c) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 6 para. 15(3); S.S.I. 2010/413, art. 2, sch.

F212 S. 83(8A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 47(2)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F213 S. 83(9A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 47(2)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F214 Words in s. 83(10) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 47(2)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F215 Words in s. 83(10)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I85 S. 83 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

Conduct inconsistent with licensing objectives S

84 Conduct inconsistent with the licensing objectives S

(1) This section applies where, in the course of a review hearing in respect of any premises licence, a Licensing Board makes a finding such as is mentioned in subsection (2) in relation to any personal licence holder who is or was working in the licensed premises in respect of which the premises licence was issued (“the licensed premises concerned”).

(2) That finding is a finding that the licence holder concerned, while working as mentioned in subsection (1), acted in a manner which was inconsistent with any of the licensing objectives.

(3) The Licensing Board making the finding must—

(a) if the licence holder concerned is, at the time of the finding, working in licensed premises (whether the licensed premises concerned or other licensed premises) in that Board's area, hold a hearing,

(b) in any other case, give notice to the relevant Licensing Board of their finding together with a recommendation as to whether the personal licence held by the licence holder concerned should be revoked, suspended or endorsed.

(4) In subsection (3)(b), “relevant Licensing Board” means—

(a) if the Licensing Board making the finding referred to in subsection (1) has reason to believe that the licence holder concerned is working at licensed premises situated in the area of another Licensing Board, that other Licensing Board,

(b) in any other case, the Licensing Board which issued the personal licence held by the licence holder concerned.

(5) Where a Licensing Board receives a notice and recommendation under subsection (3)(b), the Board must hold a hearing.

(6) At a hearing under subsection (3)(a) or (5), the Licensing Board may—

(a) after giving—

(i) the licence holder concerned, and

(ii) such other persons as they consider appropriate,

an opportunity to be heard, and

(b) if satisfied that it is necessary to do so for the purposes of any of the licensing objectives,

make an order under subsection (7).

[F216 (6A) Subsection (6) is subject to subsection (7A).]

(7) That is an order—

(a) revoking,

(b) suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c) endorsing,

the personal licence held by the licence holder concerned.

[F217 (7A) Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.]

(8) Where the Licensing Board makes an order under subsection (7) [F218 or (7A)] , the Board must give—

(a) the licence holder concerned,

(b) where the hearing was held in pursuance of a notice given under subsection (3)(b), the Licensing Board which gave the notice, and

(c) if different, the Licensing Board which issued the personal licence,

notice of the order and of the reasons for making it.

Textual Amendments

F216 S. 84(6A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 48(2)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F217 S. 84(7A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 48(2)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F218 Words in s. 84(8) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 48(2)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I86 S. 84 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

[F219 84A Power of chief constable to report conduct inconsistent with the licensing objectives S

(1) If [F220 the chief constable] considers that any personal licence holder has acted in a manner which is inconsistent with any of the licensing objectives, the chief constable may report the matter to the relevant Licensing Board.

(2) Where a Licensing Board receives a report from [F221 the chief constable] under subsection (1), the Board must hold a hearing.

(3) Subsections [F222 (6), (6A), (7), (7A)] and [F223 (8)] of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84.

(4) In subsection (1), “ relevant Licensing Board ” has the meaning given in section 83(11). ]

Textual Amendments

F219 S. 84A inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 16; S.S.I. 2010/413, art. 2, sch.

F220 Words in s. 84A(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(6)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F221 Words in s. 84A(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(6)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F222 Words in s. 84A(3) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 48(3), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F223 Word in s. 84A(3) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(5), 88(2); S.S.I. 2017/119, art. 2, sch.

[F224 84B Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives S

(1) If a Licensing Standards Officer considers that any personal licence holder who is or was working in licensed premises in the Officer's area has acted in a manner which is inconsistent with any of the licensing objectives, the Officer may report the matter to the relevant Licensing Board.

(2) Where a Licensing Board receives a report from a Licensing Standards Officer under subsection (1), the Board may hold a hearing.

(3) Subsections (6), (6A), (7), (7A) and (8) of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84.

(4) In subsection (1), “relevant Licensing Board” has the meaning given in section 83(11).]

Textual Amendments

F224 S. 84B inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 58, 88(2); S.S.I. 2017/119, art. 2, sch.

Endorsements S

85 Expiry of endorsements S

(1) In this section and section 86, “endorsement” means an endorsement made in a personal licence by virtue of an order under—

(a) section 83(9)(c), or

(b) section 84(7)(c).

(2) An endorsement expires at the end of the period of 5 years beginning with the date on which the endorsement was made.

(3) The holder of a personal licence containing an endorsement which has expired under subsection (2) may apply to the Licensing Board which issued the licence for removal of the endorsement.

(4) An application under subsection (3) must be accompanied by the personal licence to which it relates.

(5) Where a Licensing Board receives an application under subsection (3) in relation to any personal licence, the Board must amend the licence so as to remove the endorsement from it.

(6) For the purposes of this Act, any endorsement which has expired under subsection (2) is to be disregarded (whether or not the endorsement has been removed under subsection (5)).

Commencement Information

I87 S. 85 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

86 Suspension of licence after multiple endorsements S

(1) Where 3 endorsements have been made in any personal licence, the Licensing Board which issued the licence must hold a hearing.

(2) At the hearing, the Licensing Board may—

(a) after giving—

(i) the holder of the licence, and

(ii) such other persons as the Board considers appropriate,

an opportunity to be heard, and

(b) if they consider it necessary to do so for the purposes of any of the licensing objectives,

make an order under subsection (3).

(3) That is an order—

(a) suspending the licence for such period, not exceeding 6 months, as the Board considers appropriate, or

(b) revoking the licence.

(4) Where the Licensing Board makes an order under subsection (3), the Board must give the licence holder notice of the order and of the reasons for making it.

Commencement Information

I88 S. 86 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Licence holder's duty to undertake training S

87 Licence holder's duty to undertake training S

(1) The holder of a personal licence must, no later than 3 months after the expiry of—

(a) the period of 5 years beginning with the date on which the licence holder's licence was issued, and

(b) each subsequent period of 5 years during which the licence has effect,

produce to the Licensing Board which issued the licence evidence in the prescribed form of the licence holder's having complied, during that period, with such requirements as to the training of personal licence holders as may be prescribed.

(2) A Licensing Board must—

(a) in relation to each personal licence issued by it, and

(b) no later than 3 months before the expiry of each period mentioned in subsection (1),

give to the holder of the licence notice of the requirement imposed by that subsection.

(3) If a personal licence holder fails to comply with subsection (1), the Licensing Board which issued the licence held by the licence holder must revoke the licence.

(4) Regulations under subsection (1) prescribing training requirements may, in particular—

(a) provide for accreditation by the Scottish Ministers of—

(i) courses of training, and

(ii) persons providing such courses,

for the purposes of the regulations,

(b) prescribe different requirements in relation to different descriptions of personal licence holder, and

(c) require that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be prescribed in the regulations.

Commencement Information

I89 S. 87 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Update of licence S

88 Notification of change of name or address S

(1) A personal licence holder must, no later than one month after any change in the licence holder's name or address, give the Licensing Board which issued the licence notice of the change.

(2) A notice under subsection (1) must be accompanied by the personal licence or, if that is not practicable, by a statement of the reasons for the failure to produce the licence.

(3) A personal licence holder who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Commencement Information

I90 S. 88 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

89 Licensing Board's duty to update licence S

(1) In this section, the “issuing Licensing Board” means, in relation to a personal licence, the Licensing Board which issued the licence.

(2) Where the issuing Licensing Board grants a personal licence renewal application made in respect of any personal licence, the Board must make the necessary amendment to the expiry date specified in the licence.

(3) Where a personal licence is suspended by virtue of any provision in this Act, the issuing Licensing Board must amend the licence so as to specify in it—

(a) the date, and

(b) period,

of the suspension.

(4) Where the issuing Licensing Board receives a notice of conviction in relation to any personal licence holder, the Board must amend the personal licence held by the licence holder so as to specify in it—

(a) the date of the conviction, and

(b) the nature of the offence,

unless the Board has already done so by virtue of any previous such notice.

(5) Where the issuing Licensing Board—

(a) makes an order under section 83(9)(c) or 84(7)(c) in relation to any personal licence holder, or

(b) receives notice under section 83(10)(c) or 84(8)(c) of such an order made by another Licensing Board,

the Board must amend the personal licence held by the licence holder so as to include in it a statement that it is endorsed together with the details of the conviction or conduct giving rise to the making of the order.

(6) Where the issuing Licensing Board receives a notice under section 88(1) from a personal licence holder, the Board must amend the personal licence of the licence holder so that it specifies the licence holder's new name or address.

(7) Where the issuing Licensing Board receives evidence of training produced by a personal licence holder in accordance with section 87(1), the Board must amend the personal licence held by the licence holder so as to include in it the prescribed details of the training.

(8) Where the issuing Licensing Board is not in possession of a personal licence and—

(a) the licence has been revoked under any provision of this Act, or

(b) the Board requires the licence for the purpose of complying with any duty under this section in relation to the licence,

the Board may require the holder of the licence to produce it to the Board within 14 days from the date on which the requirement is notified.

(9) A personal licence holder who fails, without reasonable excuse, to comply with a requirement made under subsection (8) commits an offence.

(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(11) In this section, “notice of conviction” means a notice under section 81(2) or 82(2).

Commencement Information

I91 S. 89 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Miscellaneous S

90 Power to specify which Licensing Board is to exercise functions under this Part S

(1) The Scottish Ministers may by order provide for any function exercisable under this Part by a Licensing Board of a particular description to be exercisable instead by a Licensing Board of such other description as may be specified in the order.

(2) An order under subsection (1) may—

(a) modify this Act, and

(b) make different provision in relation to different functions.

Commencement Information

I92 S. 90 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

91 Power to prescribe licensing qualifications S

(1) In this Act, “licensing qualification” means—

(a) such qualification, or

(b) a qualification of such description,

as may be prescribed.

(2) Regulations under subsection (1) may, in particular—

(a) prescribe qualifications or descriptions of qualifications by reference to whether they are—

(i) accredited, or

(ii) awarded by a person who is accredited,

for the purposes of this section by the Scottish Ministers in accordance with the regulations,

(b) prescribe qualifications or descriptions of qualifications awarded outwith Scotland (as well as qualifications awarded within Scotland),

(c) prescribe different qualifications in relation to different licensed premises or licensed premises of different descriptions, and

(d) prescribe such qualifications as the appropriate licensing qualifications in relation to those descriptions of licensed premises for the purposes of paragraph 4(2) of schedule 3.

Commencement Information

I93 S. 91 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

92 Theft, loss etc. of personal licence S

(1) This section applies where the Licensing Board which issued a personal licence receives from the holder of the licence an application for a replacement personal licence.

(2) If satisfied that—

(a) the personal licence held by the applicant has been lost, stolen, damaged or destroyed, and

(b) where it has been lost or stolen, the applicant has reported the loss or theft to the police,

the Licensing Board must issue to the applicant a replacement personal licence.

(3) A replacement personal licence is a copy of the personal licence held by the applicant—

(a) in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and

(b) certified by the Board to be a true copy.

[F225 (3A) A replacement personal licence is void if at the time it is issued the personal licence in respect of which it was issued is not lost, stolen, damaged or destroyed.

(3B) Where a replacement personal licence is issued in respect of a personal licence which has been lost or stolen, the replacement personal licence becomes void if the personal licence is subsequently found or recovered.

(3C) A person who holds a void replacement personal licence must surrender it to the Licensing Board.

(3D) A person who, without reasonable excuse, fails to comply with subsection (3C) commits an offence.

(3E) A person who passes off a void replacement personal licence as a valid licence, knowing that the licence is void, commits an offence.

(3F) A person guilty of an offence under subsection (3D) or (3E) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

(4) In this Act, references to a personal licence include references to a replacement personal licence issued under this section.

Textual Amendments

F225 S. 92(3A)-(3F) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(4), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I94 S. 92 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

93 Licence holder's duty to produce licence S

(1) This section applies where the holder of a personal licence is working at any licensed premises.

(2) A constable or Licensing Standards Officer may, at any time when the licence holder is on the licensed premises, require the licence holder to produce the licence for examination.

(3) A person who fails, without reasonable excuse, to comply with a requirement made under subsection (2) commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Commencement Information

I95 S. 93 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

Part 7 S Control of order

Exclusion of violent offenders S

94 Exclusion orders S

(1) This section applies where a person is convicted of a violent offence committed on, or in the immediate vicinity of, any licensed premises in respect of which a premises licence has effect (referred to in this section and section 96 as “the licensed premises concerned”).

(2) The court by or before which the person is convicted of the offence may, in addition to any sentence imposed or other disposal in respect of the offence, make an order prohibiting the person from entering—

(a) the licensed premises concerned, and

(b) such other licensed premises (if any) as the court may specify in the order,

except with the appropriate consent.

(3) The holder of the premises licence in respect of the licensed premises concerned may, by summary application to the sheriff of the appropriate sheriffdom made no later than 6 weeks after the date of the conviction, seek an order prohibiting the person convicted from entering the licensed premises concerned except with the appropriate consent.

(4) On such an application, the sheriff, if satisfied that—

(a) there is a substantial risk that the person convicted will commit a further violent offence on, or in the immediate vicinity of, the licensed premises concerned, and

(b) an order has not been made under subsection (2) in relation to the person in respect of the same conviction,

may grant the order sought.

(5) For the purposes of an application under subsection (3), where the sheriff is satisfied that the person to whom the application relates has been convicted as mentioned in subsection (1), it is to be presumed, unless the contrary is proved, that the risk referred to in subsection (4)(a) exists.

(6) An order under subsection (2) or (4) is referred to in this Act as an “exclusion order”.

(7) An exclusion order has effect, subject to section 95(3), for such period, being not less than 3 months and not more than 2 years, as is specified in the order.

(8) In this section—

• “the appropriate consent” means, in relation to any licensed premises, the express consent of—

  (a)

  the premises licence holder in respect of the premises, or

  (b)

  a person authorised by the premises licence holder to give consent for the purposes of this section,

• “the appropriate sheriffdom” means the sheriffdom in which the licensed premises concerned are situated,

• “violent offence” means any offence involving violence or the threat of violence.

Modifications etc. (not altering text)

C12 Ss. 94-96 modified (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 26(2)(3)

Commencement Information

I96 S. 94 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

95 Breach of exclusion order S

(1) A person who enters licensed premises in breach of an exclusion order commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a) a fine not exceeding level 4 on the standard scale,

(b) imprisonment for a term not exceeding one month, or

(c) both.

(3) The court by or before which a person is convicted of an offence under subsection (1) of breaching an exclusion order made under section 94(2) may, if it thinks fit, terminate the exclusion order or vary it so as to delete any licensed premises specified in it.

(4) Where, in relation to any licensed premises, an authorised person reasonably suspects a person of having entered the premises in breach of an exclusion order, the authorised person may—

(a) remove the person from the premises, and

(b) if necessary for that purpose, use reasonable force.

(5) A constable must, if—

(a) asked by an authorised person to assist in exercising a power conferred by subsection (4), and

(b) the constable reasonably suspects the person to be removed of having entered the premises in breach of an exclusion order,

provide the assistance asked for.

(6) In this section, “authorised person” means, in relation to licensed premises, any of the following persons, namely—

(a) the premises licence holder,

(b) the premises manager, and

(c) any other person who—

(i) works on the premises, and

(ii) is authorised by the premises licence holder or the premises manager for the purposes of this section.

Modifications etc. (not altering text)

C12 Ss. 94-96 modified (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 26(2)(3)

C13 S. 95(6) modified (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 26(4)

Commencement Information

I97 S. 95 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

96 Exclusion orders: supplementary provision S

(1) References in section 94 to a person's being convicted of an offence are, in the case mentioned in subsection (2), to be read as references to the court's being satisfied that the person committed the offence.

(2) That case is the case where—

(a) the person is charged with the offence before a court of summary jurisdiction, and

(b) the court, without proceeding to conviction, discharges the person absolutely under section 246(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46).

[F226 (2A) For the purposes of section 94, section 247(1) of the Criminal Procedure (Scotland) Act 1995 (c.46) (convictions deemed not be convictions where offender placed on probation or discharged absolutely) does not apply to a conviction for a violent offence within the meaning of section 94.]

(3) Where—

(a) a court or the sheriff makes an exclusion order, or

(b) a court makes an order terminating or varying an exclusion order,

the clerk of the court or, as the case may be, the sheriff clerk must send a copy of the order to the premises licence holder in respect of the licensed premises concerned.

Textual Amendments

F226 S. 96(2A) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 24(4), 206(1); S.S.I. 2011/178, art. 2, Sch.

Modifications etc. (not altering text)

C12 Ss. 94-96 modified (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 26(2)(3)

Commencement Information

I98 S. 96 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Closure of premises S

97 Closure orders S

(1) A Licensing Board may—

(a) on the application of a senior police officer relating to any licensed premises situated within the Board's area, and

(b) if satisfied that, by reason of the likelihood of disorder on, or in the vicinity of the premises, closure of the premises is necessary in the interests of public safety,

make a closure order in relation to the premises.

(2) A [F227 constable of or above the rank of inspector may, if the constable] reasonably believes that—

(a) there is, or is likely imminently to be, disorder on, or in the vicinity of, any licensed premises,

(b) closure of the premises is necessary in the interests of public safety, and

(c) the risk to public safety is such that it is necessary to do so immediately and without making an application under subsection (1),

make a closure order in relation to the premises.