The Licensing (Procedure) (Scotland) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as to various procedural matters under the Licensing (Scotland) Act 2005 (“the Act”). The Act will be fully operational with effect from 1st September 2009. These Regulations come into force on 1st February 2008, the date as from which it will be possible to lodge a licence application under the Act.

The Regulations are principally concerned with setting out procedures and timescales in connection with the processing of applications for premises licences, occasional licences and personal licences and with handling applications for variation of a premises licence. In addition, regulations 3 and 4 define terms used in the Act in relation to notifying premises licence applications to neighbouring occupiers. Regulation 14 makes provision about representation at hearings before a Licensing Board. Regulation 15 relates to the provision of statements of reasons by Licensing Boards and regulation 17 sets a timescale for a Licensing Board to notify a Local Licensing Forum of the reasons for the Board deciding not to follow advice or a recommendation from the Forum. There is provision made for the timescales for taking action in connection with the issuing and updating of licences (regulation 20) and for notifying relevant criminal convictions to a chief constable (regulation 21).