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Part 3SPremises licences

IntroductoryS

17Premises licenceS

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

I1S. 17 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

18Meaning 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

I2S. 18 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

19Premises managerS

(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)

Commencement Information

I3S. 19(1) in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.

I4S. 19(2) in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Premises licence applicationsS

20Application for premises licenceS

(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, F1...

[F2(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.

[F3(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

F3S. 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)

Commencement Information

I5S. 20 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

21Notification of applicationS

(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),

[F4(ca)the relevant health board,]

(d)the [F5chief 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.

[F6(2)On giving notice of an application under subsection (1), the Licensing Board—

(a)must provide the [F7chief 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 [F8chief constable] must, within 21 days of the date of receipt of a notice under subsection (1)(d), [F9or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board—

(a)one or other of the notices mentioned in subsection (4), F10...

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(3A)Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), the chief constable must inform the Licensing Board of—

(a)that fact, and

(b)the time period within which the chief constable expects to respond.]

(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.

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section—

Textual Amendments

F5Words 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)

F7Words 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)

F8Words 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)

F9Words in s. 21(3) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(2)(a) (with ss. 11-13)

F12S. 21(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(2)(b) (with ss. 11-13)

Commencement Information

I6S. 21 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

22Objections and representationsS

(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.

[F17(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.]

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(2A)The [F20chief 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 [F21(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

F20Words 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)

Commencement Information

I7S. 22 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

23Determination of premises licence applicationS

(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),

[F22(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 [F23otherwise] 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)[F24that] 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 [F25the same or similar description as the subject premises,] in the locality.

[F26(6)In considering whether [F27either 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 [F28chief constable] under subsection (4)(b) of section 21, and

(b)any report given by the [F28chief 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 [F29or 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 [F30(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

F28Words 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)

Commencement Information

I8S. 23 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

24Applicant's duty to notify Licensing Board of convictionsS

(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 [F31chief constable].

(6)The [F32chief constable] must, within 21 days of the date of receipt of a notice under subsection (5)(b), [F33or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (7).

[F34(6A)Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (6), the chief constable must inform the Licensing Board of—

(a)that fact, and

(b)the time period within which the chief constable expects to respond.]

(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 [F35any 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.

[F36(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 [F37chief 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

F31Words 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)

F32Words 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)

F33Words in s. 24(6) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(3)(a) (with ss. 11-13)

F34S. 24(6A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(3)(b) (with ss. 11-13)

F37Words 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)

Commencement Information

I9S. 24 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F3824APower to request antisocial behaviour reportS

(1)A Licensing Board may, at any time before determining a premises licence application, request the [F39chief 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 [F39chief constable] must give the report within 21 days of the request [F40or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus].

[F41(2A)Where the chief constable is not going to give the report within the 21 day period referred to in subsection (2), the chief constable must inform the Licensing Board of—

(a)that fact, and

(b)the time period within which the chief constable expects to give the report.]

(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—

Textual Amendments

F39Words 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)

F40Words in s. 24A(2) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(4)(a) (with ss. 11-13)

F41S. 24A(2A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(4)(b) (with ss. 11-13)

25Further application after refusal of premises licence applicationS

(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

I10S. 25 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

26Issue of licence and summaryS

(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.

[F42(3)Where a Licensing Board grants a premises licence application, the Board must send a copy of the premises licence to the [F43chief constable].]

Textual Amendments

F43Words 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

I11S. 26 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Conditions of premises licenceS

27Conditions of premises licenceS

(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 [F44, 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 [F45for 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

F44Words 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.

F45Words 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

I12S. 27 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F4627APower of Board to vary premises licence conditionsS

(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 [F47chief 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

F47Words 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 licenceS

28Period of effect of premises licenceS

(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) [F48or if an application for the transfer of the licence is accepted by the Licensing Board under section 34(1A)].

(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).

[F49(5A)For the avoidance of doubt, a licensed premises does not cease to be used for the sale of alcohol, for the purposes of subsection (5)(b), if the premises cease to be used for the sale of alcohol for a temporary period for a reason relating to coronavirus.]

(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 [F502016] or the Insolvency Act 1986 (c. 45) has the same meaning in that subsection as it has in that Act.

Textual Amendments

F48Words in s. 28(2) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(2)(a) (with ss. 11-13)

F49S. 28(5A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(2)(b) (with ss. 11-13)

Commencement Information

I13S. 28 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Variation of premises licenceS

29Application to vary premises licenceS

(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) [F51, 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

Commencement Information

I14S. 29 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

30Determination of application for variationS

(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)[F52that] 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 [F53the 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

Commencement Information

I15S. 30 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

31Variation to substitute new premises managerS

(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

I16S. 31 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

32Further application after refusal of application for variationS

(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

I17S. 32 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Transfer of premises licenceS

33Transfer on application of licence holderS

(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 [F54chief constable].

(5)The [F55chief constable] must, within 21 days of the date of receipt of a notice under subsection (4), [F56or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).

[F57(5A)Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (5), the chief constable must inform the Licensing Board of—

(a)that fact, and

(b)the time period within which the chief constable expects to respond.]

(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.

[F58(7)On giving a notice under subsection (6)(a) or (b), if the [F59chief 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.]

[F60(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.]

[F58(8)Where, in relation to an application under subsection (1)—

(a)the Licensing Board receives a notice under subsection (6)(a), F61...

(b)the notice does not include a recommendation under subsection (7)[F62, and

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

the Board must grant the application.]

[F58(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 [F63and any information provided under subsection (7A)]

(a)if satisfied that [F64a ground for refusal applies], refuse the application, or

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

[F65(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

F54Words 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)

F55Words 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)

F56Words in s. 33(5) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(5)(a) (with ss. 11-13)

F57S. 33(5A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(5)(b) (with ss. 11-13)

F59Words 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)

Commencement Information

I18S. 33 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

34Transfer on application of person other than licence holderS

(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.

[F66(1A)If, for a reason relating to coronavirus, a person is unable to apply to the Licensing Board within the period set out in subsection (1), the Board may accept an application that is made after the end of that period.]

(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.

Textual Amendments

F66S. 34(1A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(3) (with ss. 11-13)

Commencement Information

I19S. 34 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

35Variation on transferS

(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

I20S. 35 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Review of premises licenceS

36Application for review of premises licenceS

(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—

[F67(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—

[F68(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.

[F69(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

Commencement Information

I21S. 36 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

37Review of premises licence on Licensing Board's initiativeS

(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 [F70section] 36(3).

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

[F71(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 [F72section] 36(3)(a), the condition or conditions alleged to have been breached,

(b)where the ground is that specified in [F73section] 36(3)(b), the licensing objective or objectives to which the alleged ground of review relates.

[F74(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.]

38Review hearingS

(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)

Commencement Information

I23S. 38 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

39Licensing Board's powers on reviewS

(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.

[F75(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.

[F76(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.

[F77(3A)Where a Licensing Board determines under section 133(3A) that a review hearing cannot be held in person—

(a)subsection (1) of this section is to have effect as if for “At a review hearing” there were substituted “ After having complied with section 133(3C) ”, and

(b)subsection (2A) of this section is to have effect as if for “at a review hearing” there were substituted “ after having complied with section 133(3C) ”.]

Textual Amendments

F77S. 39(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(4) (with ss. 11-13)

Commencement Information

I24S. 39 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F7839ANotification of determinationsS

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

(a)decides to take one of the steps mentioned in section 39(2), F79...

(b)decides not to take one of those steps[F80, 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.]

[F8139BRecall 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).]

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

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

I25S. 40 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F82Connected persons and interested partiesS

Textual Amendments

F82S. 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)

40AConnected persons and interested parties: licence holder's duty to notify changesS

(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, or

(b)an interested party in relation to the licensed premises,

give the appropriate Licensing Board notice of that fact.

(2)A notice under subsection (1) that a person has become a connected person or an interested party 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 [F83chief 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

F83Words 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 offenceS

41Duty to notify court of premises licenceS

(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

I26S. 41 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

42Court's duty to notify Licensing Board of convictionsS

(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

I27S. 42 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

43Licence holder's duty to notify Licensing Board of convictionsS

(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)

Commencement Information

I28S. 43 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

44Procedure where Licensing Board receives notice of convictionS

(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 [F84chief constable].

(3)The [F85chief constable] must, within 21 days of the date of receipt of a notice under subsection (2), [F86or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).

[F87(3A)Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), the chief constable must inform the Licensing Board of—

(a)that fact, and

(b)the time period within which the chief constable expects to respond.]

(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 [F88any 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 [F89chief 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 [F90chief constable] a notice under subsection (4)(b) [F91which includes a recommendation under subsection (5)], the Licensing Board must make a premises licence review proposal in respect of the premises licence.

[F92(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

F84Words 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)

F85Words 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)

F86Words in s. 44(3) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(6)(a) (with ss. 11-13)

F87S. 44(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(6)(b) (with ss. 11-13)

F89Words 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)

F90Words 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)

Commencement Information

I29S. 44 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1

Premises under construction or conversionS

45Provisional premises licenceS

(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 [F934] years beginning with the date of issue of the licence.

(7)[F94Subject to subsection (7A),] 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.

[F95(7A)On the first application of the holder of a provisional premises licence made before the expiry of the provisional period, the Licensing Board which issued the licence must extend the provisional period by 6 months if the Board—

(a)is satisfied as to the matter mentioned in subsection (8), and

(b)is satisfied that the reason for the delay is a reason relating to coronavirus.]

(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) [F96or (7A)], 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

F94Words in s. 45(7) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(5)(a) (with ss. 11-13)

F95S. 45(7A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(5)(b) (with ss. 11-13)

F96Words in s. 45(9) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(5)(c) (with ss. 11-13)

Commencement Information

I30S. 45 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

46Confirmation of provisional premises licenceS

(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

I31S. 46 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

47Temporary premises licenceS

(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”.

[F97(4A)Where a Licensing Board issues a temporary premises licence, the Board must send a copy of the temporary premises licence to the [F98chief 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—

Textual Amendments

F98Words 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

I32S. 47 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

Updating of licenceS

48Notification of change of name or addressS

(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, F99...

(b)the name or address of the premises manager specified in the licence [F100, or

(c)the name or address of any person who is—

(i)a connected person in relation to the licence holder, or

(ii)an interested party in relation to the licensed premises,]

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.

[F101(2A)Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the [F102chief 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

F100S. 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)

F102Words 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

I33S. 48 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

49Licensing Board's duty to update premises licenceS

(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.

[F103(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 [F104chief 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

F104Words 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

I34S. 49 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

MiscellaneousS

50Certificates as to planning, building standards and food hygieneS

(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 [F105or 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[F106, 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 [F107such requirements as the Scottish Ministers may, by order, specify.]

[F108(7A)An order under subsection (7) may specify requirements by reference to provision contained in another enactment.]

(8)In this section—

51Notification of determinationsS

(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 [F110chief 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

F110Words 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

I36S. 51 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

52Duty to keep, display and produce premises licenceS

(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

I37S. 52 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

53Theft, loss etc. of premises licence or summaryS

(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

I38S. 53 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

54Dismissal, resignation, death etc. of premises managerS

(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 [F1117 days] [F11128 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

[F112(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.]

[F112(b)either—

(i)within the period of 3 months 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, or

(ii)if, for a reason relating to coronavirus, such an application cannot be made within the period mentioned in sub-paragraph (i) but the Licensing Board extends that period on a request from the applicant, such an application is made within that extended period.]

(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.

Textual Amendments

F111Words in s. 54(3) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(6)(a) (with ss. 11-13)

Commencement Information

I39S. 54 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3

55Certified copiesS

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

I40S. 55 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1