The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2011
Citation and commencement1.
This Order may be cited as the Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2011 and comes into force on 28th March 2011.
Consequential modifications to enactments2.
The modifications in the Schedule have effect.
St Andrew’s House,
Edinburgh
SCHEDULE
The Gambling Act 2005 (Licensing Authority Policy Statement) (Scotland) Regulations 2006
1.
(1)
(2)
In the definition of “authority” for “constituted” to the end, substitute “continued in existence or established under section 5 of the Licensing (Scotland) Act 2005”.
(3)
In the definition of “authority’s area” for “1976” substitute “2005”.
The Gambling Act 2005 (Fees No. 2) (Scotland) Regulations 2007
2.
(1)
(2)
In regulation 2 (interpretation)—
(a)
after the definition of “the 1968 Act” insert ““the 2005 Act” means the Licensing (Scotland) Act 2005”;
(b)
omit the definition of “the 1976 Act”; and
(c)
for the definition of “relevant alcohol licence” substitute ““relevant alcohol licence” means any premises licence granted under the 2005 Act, except where such a licence only applies to the sale of alcohol for consumption off the premises”.
(3)
In sub-paragraph (b) of regulation 3 (application of regulations 4 to 7), omit “a certificate of registration under section 105 of the 1976 Act or”.
The Club Gaming and Club Machine Permits (Scotland) Regulations 2007
3.
(1)
(2)
In regulation 2 (interpretation)—
(a)
after the definition of “the 1968 Act” insert ““the 2005 Act” means the Licensing (Scotland) Act 2005”;
(b)
omit the definition of “the 1976 Act”; and
(c)
omit the definition of “relevant alcohol licence”.
(3)
“(3)
This paragraph applies to a members’ club, commercial club or miners’ welfare institute which holds a premises licence in terms of the Licensing (Scotland) Act 2005.”.
(4)
In sub-paragraph (b) of regulation 12 (application of regulations) for “which now holds” to the end, substitute “which operates from premises which hold a premises licence in terms of the Licensing (Scotland) Act 2005”.
(5)
“SCHEDULE 2
(6)
“SCHEDULE 3
The Licensed Premises Gaming Machine Permits (Scotland) Regulations 2007
4.
(1)
(2)
In regulation 2 (interpretation)—
(a)
after the definition of “the Act” insert ““the 2005 Act” means the Licensing (Scotland) Act 2005”;
(b)
for the definition of “relevant alcohol licence” substitute ““relevant alcohol licence” means a premises licence granted under the 2005 Act, except where such a licence only applies to the sale of alcohol for consumption off the premises.”;
(c)
omit the definition of “the 1976 Act”.
(3)
In regulation 3 (making of application)—
(a)
“(1)
A person who applies to a Licensing Board (in its capacity as a licensing authority under the 2005 Act) for, or holds, a relevant alcohol licence may apply to that Board (in that capacity) for a licensed premises gaming machine permit.”;
(b)
omit paragraph (3).
(4)
In regulation 19 (transfer of permit)—
(a)
in sub-paragraph (1)(a) for “subsection (1) or (2) of section 25 of the 1976 Act” substitute “section 33 or 34 of the 2005 Act”;
(b)
in paragraph (5) for “section 25 of the 1976 Act” substitute “section 33 or 34 of the 2005 Act”.
(5)
Omit regulation 20 (temporary transfer of permit).
This Order makes amendments to, and repeals provisions in secondary legislation relating to betting, gaming and lotteries. These amendments are consequential and supplemental to the purposes of, or in connection with the Licensing (Scotland) Act 2005 (asp 16). Article 2 and Schedule 1 set out amendments to the relevant secondary legislation.