Explanatory Notes

Coronavirus (Recovery and Reform) (Scotland) Act 2022

2022 asp 8

10 August 2022

The Act: Overview

Part 3: Public Service Reform

Civic licensing

Section 30: Civic licensing: how hearings may be held

112. This section makes similar provision to civic licensing as is made for alcohol licensing by section 32 of this Act (see paragraphs 117-120 below). A new paragraph 18B is inserted into schedule 1 of the Civic Government (Scotland) Act 1982 (“the 1982 Act”), giving a licensing authority the ability to hold a licensing hearing through remote facilities, as well as in person, or through a mixture of both (often called a “hybrid” format). Sub-paragraph (3) of paragraph 18B defines “remote facilities” for these purposes, a definition which would include telephones and video conferencing software.

113. Sub-paragraph (2) of paragraph 18B ensures that any views which participants at a licensing hearing may offer with regard to the appropriate format for the hearing must be taken into account by a licensing authority, prior to finalising its decision on the format. This applies to anyone who notifies the authority of their intention to participate, such as the licence holder or an objector.

114. Equivalent provision is then made for licensing hearings for sex shops and sexual entertainment venues by the insertion of a new paragraph 24B into schedule 2 of the 1982 Act.