The Licensing (Transitional and Saving Provisions) (Scotland) Order 2007

Deemed grant of licence

25.—(1) Where a relevant permission in respect of premises is in effect immediately prior to 1st September 2009 and the circumstances specified in paragraph (2) or (3) apply, a premises licence is deemed to be in effect in respect of those premises during the period specified in paragraph (5).

(2) The circumstances specified in this paragraph are that—

(a) a premises licence application in respect of the premises has been made no later than 28th February 2009; and

(b) that application has not been determined by 1st September 2009.

(3) The circumstances specified in this paragraph are that–

(a) a premises licence application in respect of the premises has been refused prior to 1st September 2009; and

(b) as at that date that refusal has not become final.

(4) A licence deemed to be in effect under this article–

(a) is subject to the conditions specified in schedule 3 to the 2005 Act; and

(b) authorises the sale of alcohol during the licensed hours specified in the operating plan which accompanied the premises licence application in question.

(5) The period referred to in paragraph (1) is the period from 5.00 a.m. on 1st September 2009 until–

(a) the date on which any premises licence issued following on the premises licence application takes effect; or

(b) the date on which any refusal of that application becomes final.

(6) For the purposes of this article, a refusal of an application becomes final when–

(a) any period for appealing against that refusal (or against any appeal decision concerning that refusal) expires without an appeal being taken;

(b) any appeal against that refusal (or against any appeal decision concerning that refusal) is abandoned; or

(c) a court makes a decision on appeal confirming the refusal and there is no subsequent right of appeal against that decision.