Licensing (Scotland) Act 2005

Changes over time for: Section 83

Version Superseded: 01/10/2022

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83Procedure where Licensing Board receives notice of convictionS

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(1)Subsection (2) applies where the relevant Licensing Board—

(a)receives a notice of conviction relating to a personal licence holder, or

(b)becomes aware that a personal licence holder was, during the application period, convicted of a relevant offence or a foreign offence.

(2)The Licensing Board must give notice of the conviction to the [F1chief constable].

(3)The [F2chief constable] must, within 21 days of the date of receipt of a notice under subsection (2), [F3or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).

[F4(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.]

(4)Those notices are—

(a)a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or a foreign offence, or

(b)a notice confirming the existence of the conviction and that it relates to a relevant or a foreign offence.

(5)Where the [F5chief constable]—

(a)proposes to give a notice under subsection (4)(b), and

(b)considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of [F6any of the licensing objectives] that the licence holder's personal licence should be revoked, suspended or endorsed,

the chief constable may include in the notice a recommendation to that effect.

(6)If the Licensing Board receives from the [F7chief constable] a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.

(7)If the Licensing Board receives from the [F8chief constable] a notice under subsection (4)(b) [F9which includes a recommendation under subsection (5)] , the Licensing Board must hold a hearing.

[F10(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.]

(8)At [F11a hearing under subsection (7) or (7A)(a)], the Licensing Board may—

(a)having regard to—

(i)the conviction, and

(ii)any recommendation contained in the chief constable's notice under subsection (5),

(b)after giving—

(i)the licence holder concerned, and

(ii)the [F12chief constable],

an opportunity to be heard, and

(c)if satisfied that it is necessary to do so for the purposes of [F13any of the licensing objectives],

make an order under subsection (9).

[F14(8A)Subsection (8) is subject to subsection (9A).]

(9)That order is an order—

(a)revoking,

(b)suspending for such period, not exceeding 6 months, as the Board considers appropriate, or

(c)endorsing,

the personal licence held by the licence holder concerned.

[F15(9A)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.]

(10)Where the Licensing Board makes an order under subsection (9) [F16or (9A)] , the Board must give—

(a)the licence holder concerned,

(b)the [F17chief constable], and

(c)if different, the Licensing Board which issued the personal licence,

notice of the order and of the reasons for making it.

(11)In this section—

“the application period” means, in relation to a personal licence holder, the period—
(a)
beginning with the date on which the application for the personal licence held by that licence holder was made, and
(b)
ending with the date on which that application was granted,
“notice of conviction” means a notice under section 81(2) or 82(2), and
“relevant Licensing Board” means, in relation to a personal licence holder—
(a)
if the personal licence holder is working as a premises manager at any licensed premises, the Licensing Board for the area in which those premises are situated,
(b)
in any other case, the Licensing Board which issued the personal licence held by the licence holder.