Licensing (Scotland) Act 2005

6 Statements of licensing policy S

(1) Every Licensing Board must, before the beginning of each 3 year period, publish a statement of their policy with respect to the exercise of their functions under this Act during that period (referred to in this Act as a “licensing policy statement”).

(2) A Licensing Board may, during a 3 year period, publish a supplementary statement of their policy with respect to the exercise of their functions during the remainder of that period (referred to in this Act as a “supplementary licensing policy statement”).

(3) In preparing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—

(a) ensure that the policy stated in the statement seeks to promote the licensing objectives, and

(b) consult—

(i) the Local Licensing Forum for the Board's area,

(ii) if the membership of the Forum is not representative of the interests of all of the persons specified in paragraph 2(6) of schedule 2, such person or persons as appear to the Board to be representative of those interests of which the membership is not representative, F1 ...

[F2 (iia) the relevant health board, and]

(iii) such other persons as the Board thinks appropriate.

[F3 (3A) A Licensing Board may not, in a licensing policy statement or supplementary licensing policy statement, indicate an intention to introduce (by means of the imposition of conditions on the granting of premises licences or the variation of conditions in premises licences) a prohibition on the sale of alcohol for consumption off licensed premises to persons aged 18 or over but under 21 which applies to—

(a) all premises in its area which are licensed to sell alcohol for consumption off the premises, or

(b) premises licensed as mentioned in paragraph (a)—

(i) in a particular part of its area, or

(ii) of a particular description.]

(4) In exercising their functions under this Act during each 3 year period, a Licensing Board must have regard to the licensing policy statement, and any supplementary licensing policy statement, published by the Board in relation to that period.

(5) At the request of a Licensing Board—

(a) the appropriate chief constable, F4 ...

[F5 (aa) the relevant health board, or]

(b) the relevant council,

must provide to the Board such statistical or other information as the Board may reasonably require for the purpose of preparing a licensing policy statement or supplementary licensing policy statement.

(6) On publishing a licensing policy statement or a supplementary licensing policy statement, a Licensing Board must—

(a) make copies of the statement available for public inspection free of charge, and

(b) publicise—

(i) the fact that the statement has been published, and

(ii) the arrangements for making copies available for public inspection in pursuance of paragraph (a).

(7) In this section, “3 year period” means—

(a) the period of 3 years beginning with such day as the Scottish Ministers may by order appoint, and

(b) each subsequent period of 3 years.

Textual Amendments

F1 Word in s. 6(3)(b) omitted (1.10.2011) by virtue of Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(a)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F2 S. 6(3)(b)(iia) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(a)(ii), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F3 S. 6(3A) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 9, 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F4 Word in s. 6(5) omitted (1.10.2011) by virtue of Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(b)(i), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

F5 S. 6(5)(aa) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(2)(b)(ii), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 6(7)(a): 30.11.2007 appointed as the day for the beginning of the period of 3 years by The Licensing (Appointed Day and Transitional Provisions) (Scotland) Order 2007 (S.S.I. 2007/128), art. 2

Commencement Information

I1 S. 6 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.