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Part 6SPersonal licences

Conviction of licence holder for relevant or foreign offenceS

80Duty to notify court of personal licenceS

(1)Subsection (2) applies where—

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

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

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

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

(2)The person must, no later than the person's first or, as the case may be, next appearance in court in connection with the offence—

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

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

(i)the existence of the personal licence,

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

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

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

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

Commencement Information

I1S. 80 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

81Court'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 personal licence.

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

(3)Where—

(a)a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and

(b)that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),

the receiving Board must give notice of the conviction to the other Board.

Commencement Information

I2S. 81 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

82Licence holder's duty to notify Licensing Board of convictionsS

(1)This section applies where a personal licence holder is convicted of a relevant or foreign offence.

(2)The licence holder must, no later than one month after the date of the conviction, give notice of the conviction to—

(a)the Licensing Board which issued the personal licence held by the licence holder, and

(b)if different, the Licensing Board for the area in which are situated any licensed premises in which the licence holder is working.

(3)A notice of conviction under subsection (2) must—

(a)specify—

(i)the nature of the offence, and

(ii)the date of the conviction, and

(b)be accompanied by—

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

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

(4)Where—

(a)a Licensing Board receives a notice under subsection (2) (“the receiving Board”), and

(b)that Board has reason to believe that the personal licence holder in respect of whom the notice is given is working in licensed premises situated in the area of another Licensing Board (“the other Board”),

the receiving Board must give notice of the conviction to the other Board.

(5)A licence holder who fails, without reasonable excuse, to comply with subsection (2) commits an offence.

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

Modifications etc. (not altering text)

Commencement Information

I3S. 82 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1

83Procedure where Licensing Board receives notice of convictionS

(1)Subsection (2) applies where the relevant Licensing Board—

(a)receives a notice of conviction relating to a personal licence holder, or

(b)becomes aware that a personal licence holder was, during the application period, convicted of a relevant offence or a foreign offence.

(2)The Licensing Board must give notice of the conviction to the [F1chief constable].

(3)The [F2chief constable] must, within 21 days of the date of receipt of a notice under subsection (2), [F3or 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).

[F4(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 a foreign offence, or

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

(5)Where the [F5chief 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 [F6any of the licensing objectives] that the licence holder's personal licence should be revoked, suspended or endorsed,

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

(6)If the Licensing Board receives from the [F7chief 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 [F8chief constable] a notice under subsection (4)(b) [F9which includes a recommendation under subsection (5)] , the Licensing Board must hold a hearing.

[F10(7A)If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—

(a)hold a hearing, or

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

(8)At [F11a hearing under subsection (7) or (7A)(a)], the Licensing Board may—

(a)having regard to—

(i)the conviction, and

(ii)any recommendation contained in the chief constable's notice under subsection (5),

(b)after giving—

(i)the licence holder concerned, and

(ii)the [F12chief constable],

an opportunity to be heard, and

(c)if satisfied that it is necessary to do so for the purposes of [F13any of the licensing objectives],

make an order under subsection (9).

[F14(8A)Subsection (8) is subject to subsection (9A).]

(9)That order is an order—

(a)revoking,

(b)suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c)endorsing,

the personal licence held by the licence holder concerned.

[F15(9A)Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.]

(10)Where the Licensing Board makes an order under subsection (9) [F16or (9A)] , the Board must give—

(a)the licence holder concerned,

(b)the [F17chief constable], and

(c)if different, the Licensing Board which issued the personal licence,

notice of the order and of the reasons for making it.

(11)In this section—

Textual Amendments

F1Words in s. 83(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Words in s. 83(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3Words in s. 83(3) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(9)(a) (with ss. 11-13)

F5Words in s. 83(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7Words in s. 83(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8Words in s. 83(7) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F12Words in s. 83(8)(b)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F17Words in s. 83(10)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I4S. 83 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1