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- Original (As enacted)
This is the original version (as it was originally enacted).
In section 44 of the 2005 Act (procedure where Licensing Board receive notice of conviction in relation to a premises licence)—
(a)in subsection (7), after “subsection (4)(b)” insert “which includes a recommendation under subsection (5)”,
(b)after subsection (7) insert—
“(7A)If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—
(a)make a premises licence review proposal in respect of the premises licence, or
(b)decide to take no further action in relation to the conviction.”.
In section 83 of the 2005 Act (procedure where Licensing Board receive notice of a conviction in relation to a personal licence)—
(a)in subsection (7), after “subsection (4)(b)” insert “which includes a recommendation under subsection (5)”,
(b)after subsection (7) insert—
“(7A)If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—
(a)hold a hearing, or
(b)decide to take no further action in relation to the conviction.”,
(c)in subsection (8), for “the hearing” substitute “a hearing under subsection (7) or (7A)(a)”.
In section 129 of the 2005 Act (relevant offences and foreign offences), subsection (4) is repealed.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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