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Part 6SPersonal licences

Grant and renewal of personal licenceS

73Notification of application to chief constableS

(1)Where a Licensing Board receives a personal licence application, the Board must give notice of it, together with a copy of the application, to the [F1chief constable].

(2)The [F2chief constable] must, within 21 days of the date of receipt of a notice under subsection (1), [F3or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (3).

[F4(2A)Where the chief constable is not going to respond to a notice 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 respond.]

(3)Those notices are—

(a)a notice stating that, as far as the chief constable is aware, the applicant has not been convicted of any relevant offence or foreign offence, or

(b)a notice specifying any convictions of the applicant for any such offence.

[F5(4)On giving a notice under subsection (3)(a) or (b), if the [F6chief constable] considers that it is necessary for the purposes of any of the licensing objectives that the personal licence application be refused, the chief constable may include in the notice a recommendation to that effect.]

[F7(5)On giving a notice under subsection (3)(a) or (b), the chief constable may also provide to the Licensing Board any information in relation to the applicant that the chief constable considers may be relevant to consideration by the Board of the application.]

Textual Amendments

F1Words in s. 73(1) 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. 73(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. 73(2) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(7)(a) (with ss. 11-13)

F6Words in s. 73(4) 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)

Commencement Information

I1S. 73 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1