Coronavirus (Scotland) Act 2020

Notifications by the chief constable

6 (1) The Licensing (Scotland) Act 2005 applies in accordance with the modifications in this paragraph.

(2) Section 21 (notification of application) has effect as if—

(a) in subsection (3), after “subsection (1)(d),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (3) there were inserted—

“(3A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), 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) Section 24 (applicant’s duty to notify licensing board of convictions) has effect as if—

(a) in subsection (6), after “subsection (5)(b),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (6) there were inserted—

“(6A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (6), 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.”.

(4) Section 24A (power to request antisocial behaviour report) has effect as if—

(a) in subsection (2), after “request” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus”,

(b) after subsection (2) there were inserted—

“(2A) Where the chief constable is not going to give the report 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 give the report.”.

(5) Section 33 (transfer on application of licence holder) has effect as if—

(a) in subsection (5), after “subsection (4),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (5) there were inserted—

“(5A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (5), 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.”.

(6) Section 44 (procedure where licensing board receives notice of conviction) has effect as if—

(a) in subsection (3), after “subsection (2),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (3) there were inserted—

“(3A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), 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.”.

(7) Section 73 (notification of application to chief constable) has effect as if—

(a) in subsection (2), after “subsection (1),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (2) there were inserted—

“(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.”.

(8) Section 75 (applicant’s duty to notify licensing board of convictions) has effect as if—

(a) in subsection (5), after “subsection (4)(b),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (5) there were inserted—

“(5A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (5), 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.”.

(9) Section 83 (procedure where licensing board receives notice of conviction) has effect as if—

(a) in subsection (3), after “subsection (2),” there were inserted “or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,”,

(b) after subsection (3) there were inserted—

“(3A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), 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.”.