69Notification of extended hours applicationS
(1)Where a Licensing Board receives an extended hours application, the Board must give notice of it, together with a copy of the application, to—
(a)the [F1chief constable], and
(b)any Licensing Standards Officer for the area in which the subject premises are situated.
(2)The [F2chief constable] may, within 10 days of receipt of a notice under subsection (1)(a), by notice to the appropriate Licensing Board object to the application if the chief constable considers it necessary to do so for the purposes of [F3any of the licensing objectives].
[F4(2A)If the chief constable intends to object to an application but is, for a reason relating to coronavirus, unable to give notice of the objection to the Licensing Board within the period mentioned in subsection (2)—
(a)the chief constable must, within that period, make the Board aware of that situation, and
(b)if the chief constable gives notice of the objection after the end of that period, the Board may take the objection into account if the Board considers it reasonable to do so.]
(3)A Licensing Standards Officer must, within 10 days of receipt of a notice under subsection (1)(b), prepare and submit to the Licensing Board a report setting out the Officer's comments on the application.
[F5(3A)If a Licensing Standards Officer is, for a reason relating to coronavirus, unable to prepare and submit a report to the Licensing Board within the period mentioned in subsection (3)—
(a)the Licensing Standards Officer must, within that period, make the Board aware of that situation, and
(b)the Board may take into account a report that is submitted after the end of that period if the Board considers it reasonable to do so.]
[F6(4)Subsections (5) and (6) apply where the Licensing Board is satisfied that the application requires to be dealt with quickly.
(5)Subsections (2) and (3) have effect in relation to the application as if the references to the period of 10 days were references to such shorter period of not less than 24 hours as the Board may determine.
(6) Subsection (3) has effect in relation to the application as if for the word “must” there were substituted “ may ” . ]
Textual Amendments
F1Words in s. 69(1)(a) 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)
F2Words in s. 69(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)
F3Words in s. 69(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 11; S.S.I. 2010/413, art. 2, Sch.
F4S. 69(2A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(7)(a) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))
F5S. 69(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(7)(b) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))
F6S. 69(4)-(6) added (1.10.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 190(2), 206(1); S.S.I. 2011/178, art. 2, Sch.
Commencement Information
I1S. 69 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1