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Licensing (Scotland) Act 2005
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Licensing (Scotland) Act 2005, Section 43 is up to date with all changes known to be in force on or before 04 June 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 43:
- 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):
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
43Licence holder's duty to notify Licensing Board of convictionsS
This section has no associated Explanatory Notes
(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)
C1S. 43(3) modified (1.2.2008) by Licensing (Relevant Offences) (Scotland) Regulations 2007 (S.S.I. 2007/513), regs. 1(1), 3
Commencement Information
I1S. 43 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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