Licensing (Scotland) Act 2005 (asp 16)

Part 3 S Premises licences

Premises licence applications S

[F1 24A Power to request antisocial behaviour report S

(1) A Licensing Board may, at any time before determining a premises licence application, request the [F2 chief constable] to give the Board a report detailing—

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

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

(2) The [F2 chief constable] must give the report within 21 days of the request [F3 or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus].

[F4 (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—

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

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

Textual Amendments

F1 S. 24A inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 183(3), 206(1); S.S.I. 2010/413, art. 2, Sch.

F2 Words in s. 24A(1)(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words 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) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

F4 S. 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) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))