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Scottish Statutory Instruments

2007 No. 77

LICENSING (LIQUOR)

The Personal Licence (Scotland) Regulations 2007

Made

14th February 2007

Laid before the Scottish Parliament

15th February 2007

Coming into force

1st February 2008

The Scottish Ministers, in exercise of the powers conferred by sections 76, 134, 146(2) and 147(1) of the Licensing (Scotland) Act 2005(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Personal Licence (Scotland) Regulations 2007 and shall come into force on 1st February 2008.

Form of personal licence

2.  A personal licence is to be in the form set out in Schedule 1 and is to have attached to it a photograph of the licence holder.

Application for a personal licence

3.—(1) A personal licence application or a personal licence renewal application is to be–

(a)in the form set out in Schedule 2; and

(b)accompanied by–

(i)evidence that the applicant possesses a licensing qualification; and

(ii)two photographs of the applicant which comply with paragraph (2) and one of which has a statement on it in accordance with paragraph (3).

(2) The two photographs of the applicant must–

(a)measure 45 millimetres by 35 millimetres;

(b)be on photographic paper;

(c)be taken against a light background; and

(d)show the full face of the applicant, without the applicant wearing sunglasses or any head covering (unless the applicant wears such a covering on account of a religious belief).

(3) One photograph of the applicant must have on the back of it a statement by a person appearing to the Licensing Board to be a person of standing in the community, with the words “I certify that this is a true likeness of (name of applicant)”, followed by the full name of the person endorsing the photograph.

2.  A personal licence application or a personal licence renewal application must be made in writing or, if the Licensing Board to which the application is made so agrees, by electronic transmission.

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th February 2007

Regulation 2

SCHEDULE 1PERSONAL LICENCE

ANNEX A

ANNEX B

ANNEX C

Regulation 3(1)(a)

SCHEDULE 2

Explanatory Note

(This note is not part of the Regulations)

The Licensing (Scotland) Act 2005 makes provision for regulating the sale of alcohol. Section 76 of that Act provides for the issuing of personal licences and other provisions in the Act regulate the circumstances in which a personal licence is required.

These Regulations set out the form of a personal licence (regulation 2 and Schedule 1) and the form of applications for the grant and renewal of such a licence (regulation 3 and Schedule 2).

(1)

2005 asp 16; see the definition of “prescribed” in section 147(1).