PART 2ALCOHOL LICENSING

Fit and proper person test

48Personal licence holders: conduct inconsistent with the licensing objectives

(1)

The 2005 Act is amended as follows.

(2)

In section 84 (conduct inconsistent with the licensing objectives)—

(a)

after subsection (6), insert—

“(6A)

Subsection (6) is subject to subsection (7A).”,

(b)

after subsection (7), insert—

“(7A)

Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.”,

(c)

in subsection (8), after “(7)” insert “ or (7A) ”.

(3)

In section 84A (power of chief constable to report conduct inconsistent with the licensing objectives), in subsection (3), for “(6), (7)” substitute “ (6), (6A), (7), (7A) ”.

(4)

In Part 2 of schedule 5 (appeals to the sheriff), in the entry in the left-hand column relating to a decision to make an order under section 83(9), 84(7) or 86(3), for “84(7)” substitute “ 84(7) or (7A) ”.