PART 8

LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Conditions to which licences under 1982 Act are to be subject
172
1
The 1982 Act is amended as follows.
2
In section 3(4) (automatic grant or renewal of licence where application not determined within specified period), the word “unconditionally” is repealed.
3
After section 3 insert—

Mandatory licence conditions
3A
1
The Scottish Ministers may by order made by statutory instrument prescribe conditions to which licences granted by licensing authorities under this Act are to be subject.
2
Different conditions may be prescribed under subsection (1)—
a
in respect of different licences, or different types of licence,
b
otherwise for different purposes, circumstances or cases.
3
No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.
4
Subsection (1) does not affect any other power of the Scottish Ministers under this Act or any other enactment to prescribe conditions—
a
to which licences granted by licensing authorities under this Act are to be subject, or
b
to be imposed by licensing authorities in granting or renewing licences under this Act.
5
The following conditions are referred to in this Part and Part 2 of this Act as “mandatory conditions”—
a
conditions prescribed under subsection (1),
b
conditions prescribed under any power referred to in subsection (4), and
c
conditions imposed, or required to be imposed, by any provision of this Part or Part 2 of this Act.
6
In this section and section 3B, references to licences granted by licensing authorities include references to—
a
licences renewed by licensing authorities, and
b
licences deemed by virtue of section 3(4) to be granted or renewed by licensing authorities.

Standard licence conditions
3B
1
A licensing authority may determine conditions to which licences granted by them under this Act are to be subject.
2
Conditions determined under subsection (1) are referred to in this Part and Part 2 as “standard conditions”.
3
Different conditions may be determined under subsection (1)—
a
in respect of different licences, or different types of licence,
b
otherwise for different purposes, circumstances or cases.
4
A licensing authority must publish, in such manner as they think appropriate, any standard conditions determined by them.
5
Standard conditions have no effect—
a
unless they are published, and
b
so far as they are inconsistent with any mandatory conditions.
6
Subsection (1) is subject to paragraph 5(1A)(a) of Schedule 1 to this Act.
.
4
In section 27C (conditions in respect of knife dealers’ licences)—
a
in subsection (1)—
i
in paragraph (b), after “prejudice to” insert “section 3B and”, and
ii
in paragraph (c), after “that” insert “section and”, and
b
subsection (2) is repealed.
5
In section 41(3) (power to attach conditions to public entertainment licences), after “prejudice to” insert “section 3B of and”.
6
In Schedule 1 (further provisions as to the general licensing system), in paragraph 5—
a
in sub-paragraph (1)—
i
in paragraph (a), the word “unconditionally” is repealed, and
ii
paragraph (b) is repealed,
b
after that sub-paragraph insert—
1A
In granting or renewing a licence under sub-paragraph (1)(a), a licensing authority may (either or both)—
a
disapply or vary any standard conditions so far as applicable to the licence,
b
impose conditions in addition to any mandatory or standard conditions to which the licence is subject.
,
c
in sub-paragraph (2), for “(1)(b)” substitute “(1A)(b)”, and
d
after that sub-paragraph insert—
2A
A variation made under sub-paragraph (1A)(a) or condition imposed under sub-paragraph (1A)(b) has no effect so far as it is inconsistent with any mandatory condition to which the licence is subject.
.