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Licensing (Scotland) Act 2005
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Changes over time for: Section 54
Version Superseded: 01/10/2022
Alternative versions:
- 01/09/2009- Amendment
- 07/04/2020- Amendment
- 07/04/2020
Point in time - 01/10/2022- Amendment
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Licensing (Scotland) Act 2005, Section 54 is up to date with all changes known to be in force on or before 25 April 2024. 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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54Dismissal, resignation, death etc. of premises managerS
This section has no associated Explanatory Notes
(1)This section applies where any of the events specified in subsection (2) occurs in relation to any licensed premises in respect of which a premises licence has effect.
(2)Those events are—
(a)the premises manager ceases to work at the premises,
(b)the premises manager becomes incapable for any reason of acting as premises manager,
(c)the premises manager dies, or
(d)the personal licence held by the premises manager is revoked or suspended.
(3)The premises licence holder must, not later than [F17 days] [F128 days] after the occurrence of the event, give notice of it to the appropriate Licensing Board.
(4)Subsection (5) applies if—
(a)subsection (3) is complied with, and
[F2(b)within the period of 6 weeks beginning with the day on which the event occurs, a premises licence variation application is made seeking a variation of the premises licence in respect of the premises so as to substitute another individual as the premises manager.]
[F2(b)either—
(i)within the period of 3 months beginning with the day on which the event occurs, a premises licence variation application is made seeking a variation of the premises licence in respect of the premises so as to substitute another individual as the premises manager, or
(ii)if, for a reason relating to coronavirus, such an application cannot be made within the period mentioned in sub-paragraph (i) but the Licensing Board extends that period on a request from the applicant, such an application is made within that extended period.]
(5)Any breach of the conditions specified in paragraphs 4 and 5 of schedule 3 in the period beginning with the occurrence of the event and ending with the receipt by the Licensing Board of the application referred to in subsection (4)(b) is, so far as it is attributable to the occurrence of the event, to be disregarded.
(6)If no such application as is mentioned in paragraph (b) of subsection (4) is made within the period mentioned in that paragraph, then, at the end of that period, the Licensing Board must vary the premises licence so that there is no longer any premises manager specified in it.
Textual Amendments
F1Words in s. 54(3) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(6)(a) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1) (with saving in S.S.I. 2022/261, regs. 1, 8))
F2S. 54(4)(b) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(6)(b) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1) (with saving in S.S.I. 2022/261, regs. 1, 8) (with saving in S.S.I. 2022/261, regs. 1, 8))
Commencement Information
I1S. 54 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
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