Licensing (Scotland) Act 2005

[F19AAnnual functions reportS

This section has no associated Explanatory Notes

(1)Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.

[F2(1A)If, for a reason relating to coronavirus, a Licensing Board is unable to comply with subsection (1), the Board must—

(a)not later than 3 months after the end of the financial year, publish on its website (or, if it does not have one, on the website of the council for the Board's area)—

(i)the fact that the Board is unable to comply with subsection (1) and the reason for that, and

(ii)the Board's estimate as to when it will publish the report, and

(b)prepare and publish the report not later than 9 months after the end of the financial year.]

(2)A report under this section must include—

(a)a statement explaining how the Board has had regard to—

(i)the licensing objectives, and

(ii)their licensing policy statement and any supplementary licensing policy statement (including the Board's statement under section 7(1) (duty to assess overprovision)),

in the exercise of their functions under this Act during the financial year,

(b)a summary of the decisions made by (or on behalf of) the Board during the financial year, and

(c)information about the number of licences held under this Act in the Board's area (including information about the number of occasional licences issued during the year).

(3)A report under this section may include such other information about the exercise of the Licensing Board's functions under this Act as the Board consider appropriate.

(4)At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.

(5)In discharging their duties under subsection (1) and section 9B(1) (annual financial report), a Licensing Board may, if they consider it appropriate, prepare and publish a combined report containing the information required under this section and under section 9B (which combined report must be published not later than 3 months after the end of the financial year in question).

(6)The Scottish Ministers may by regulations make further provision about reports under this section including, in particular, provision about—

(a)the form and required content of reports,

(b)the publication of reports.

(7) In this section, “ financial year ” means a yearly period ending on 31 March. ]

Textual Amendments

F1Ss. 9A, 9B inserted (1.12.2015 for specified purposes, 15.5.2017 for the insertion of s. 9B in so far as not already in force, 20.12.2017 in so far as not already in force) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 56(2), 88(2); S.S.I. 2015/382, art. 2, sch.; S.S.I. 2017/119, art. 2, sch.; S.S.I. 2017/424, art. 2(a)

F2S. 9A(1A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 4(2) (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, 10))