Licensing (Scotland) Act 2005

Delegation of functions S

10 (1) A Licensing Board may authorise (whether generally or specifically)— S

(a) any member of the Board,

(b) any committee established by the Board,

(c) the clerk of the Board, or

(d) any member of staff provided under paragraph 8(1)(b),

to exercise on behalf of the Board any of the Board's functions under this Act, other than the functions mentioned in sub-paragraph (2).

[F1 (1A) If a Licensing Board considers it necessary for a reason relating to coronavirus, the Board may authorise (whether generally or specifically) any committee established by the Board, and consisting of no fewer than 3 members, to exercise on behalf of the Board any of the functions mentioned in sub-paragraph (2).]

(2) Those functions are—

(a) determining the Board's policy for the purposes of a licensing policy statement or supplementary licensing policy statement,

(b) determining, for the purposes of any such statement, whether there is overprovision of licensed premises, or licensed premises of any particular description, in any locality,

(c) determining a premises licence application,

(d) determining a premises licence variation application where the variation sought is not a minor variation,

(e) determining an application for the transfer of a premises licence where the applicant has been convicted of a relevant offence or a foreign offence,

(f) determining—

(i) a personal licence application, or

(ii) a personal licence renewal application,

where the applicant has been convicted of a relevant offence or a foreign offence,

(g) conducting a hearing under this Act (including taking any of the steps mentioned in sub-paragraph (3) at, or as result of, the hearing),

(h) making a closure order,

(i) refusing an application for confirmation of a provisional premises licence.

[F2 (2A) For the purposes of sub-paragraph (2)(g), “hearing” includes giving persons an opportunity to be heard in accordance with section 133(3C).]

(3) The steps referred in sub-paragraph (2)(g) are—

(a) at a review hearing in respect of a premises licence—

(i) issuing a written warning to the licence holder,

(ii) revoking or suspending the licence, or

(iii) making a variation of the licence, or

(b) making an order revoking, suspending or endorsing a personal licence.

(4) A Licensing Board may, under sub-paragraph (1), delegate to the clerk of the Board [F3 or to a member of staff provided under paragraph 8(1)(b)] the function of granting an occasional licence application only where there is no notice of objection or representations in relation to the application F4 ....

Textual Amendments

F1 Sch. 1 para. 10(1A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 4(5)(a)(i) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

F2 Sch. 1 para. 10(2A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 4(5)(a)(ii) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

F3 Words in Sch. 1 para. 10(4) inserted (1.10.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 189(3), 206(1); S.S.I. 2011/178, art. 2, Sch.

F4 Words in Sch. 1 para. 10(4) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 18; S.S.I. 2010/413, art. 2, Sch.

Commencement Information

I1 Sch. 1 para. 10 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.