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Licensing (Scotland) Act 2005

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Changes and effects yet to be applied to Part 5 Crossheading Occasional-extensions:

  • specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Occasional extensionsS

67Power for Licensing Board to grant general extensions of licensed hoursS

(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 [F1chief 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

F1Words 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

I1S. 67 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

68Extended hours applicationsS

(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

I2S. 68 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

69Notification of extended hours applicationS

(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 [F2chief constable], and

(b)any Licensing Standards Officer for the area in which the subject premises are situated.

(2)The [F3chief 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 [F4any of the licensing objectives].

[F5(2A)If the chief constable intends to object to an application but is, for a reason relating to coronavirus, unable to give notice of the objection to the Licensing Board within the period mentioned in subsection (2)—

(a)the chief constable must, within that period, make the Board aware of that situation, and

(b)if the chief constable gives notice of the objection after the end of that period, the Board may take the objection into account if the Board considers it reasonable to do so.]

(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.

[F6(3A)If a Licensing Standards Officer is, for a reason relating to coronavirus, unable to prepare and submit a report to the Licensing Board within the period mentioned in subsection (3)—

(a)the Licensing Standards Officer must, within that period, make the Board aware of that situation, and

(b)the Board may take into account a report that is submitted after the end of that period if the Board considers it reasonable to do so.]

[F7(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

F2Words 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)

F3Words 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)

Commencement Information

I3S. 69 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

70Determination of extended hours applicationS

(1)In determining an extended hours application, the Licensing Board must take into account—

(a)any notice of objection given by the [F8chief 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 [F9chief 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

F8Words 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)

F9Words 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

I4S. 70 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

[F1070AExtended hours applications: variation of conditionsS

(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.]

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