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

Explanatory Note

(This note is not part of the Order)

The new regime for licensing the sale of alcohol under the Licensing (Scotland) Act 2005 (“the 2005 Act”) will be fully operational with effect from 1st September 2009. This Order makes transitional and saving provision in connection with the move to that regime from the existing one under the Licensing (Scotland) Act 1976 (“the 1976 Act”). Article 2 defines “the transitional period” as the period from 1st February 2008 until 5.00am on 1st September 2009.

There are provisions in the Order as to dealing with applications under the 1976 Act during the transitional period (articles 4 to 7 and 16) and about the continuation in effect until the end of that period of licences and registrations under that Act (articles 12 to 15). Articles 17 to 21 make provision for a special procedure under which specified requirements in the 2005 Act are disapplied to certain premises licence applications where an existing permission under the 1976 Act is already held. Other articles make further transitional provision in connection with the handling of 2005 Act applications during the transitional period whilst articles 26 and 27 make provision relating to the repeal on 1st February 2008 of the Licensed Premises (Exclusion of Certain Persons) Act 1980.