2017 No. 119 (C. 9)

Licensing (liquor)

The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 88(2) and (3) of the Air Weapons and Licensing (Scotland) Act 20151.

Citation, commencement and interpretation1

1

This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017 and comes into force on 15th May 2017.

2

In this Order—

  • “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015; and

  • “Licensing Board” means a Board continued in existence by or established under section 5 of the 2005 Act.

Appointed day2

1

15th May 2017 is the day appointed for the coming into force of the provisions of the 2015 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

2

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 15th May 2017 for that purpose only.

Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act

3

1

Despite the commencement of sections 43, 44, 45, 46, 47 and 48 of the 2015 Act, the amendments made by those sections have no effect in relation to—

a

an application for a premises licence received by a Licensing Board before 15th May 2017;

b

an application for the transfer of a premises licence received by a Licensing Board before 15th May 2017;

c

a premises licence review application received by a Licensing Board before 15th May 2017;

d

a premises licence review proposal initiated by a Licensing Board before 15th May 2017;

e

an application for a personal licence received by a Licensing Board before 15th May 2017;

f

an application for a renewal of a personal licence received by a Licensing Board before 15th May 2017; and

g

a hearing under sections 83 or 84 of the 2005 Act where the date of the hearing has been scheduled before 15th May 2017.

2

In this article—

  • “premises licence review application” has the same meaning given in section 36 of the 2005 Act;

  • “premises licence review proposal” has the same meaning given in section 37 of the 2005 Act.

4

1

Where a Licensing Board makes a relevant decision prior to 15th May 2017, the amendments made by section 43, 44, 45, 46, 47 and 48 of the 2015 Act have no effect in relation to an appeal against that decision under section 131 of, and schedule 5 to, the 2005 Act.

2

In this article a “relevant decision” is a decision to—

a

refuse a premises licence application;

b

refuse an application for the transfer of a premises licence;

c

revoke a premises licence upon review;

d

refuse a personal licence application; and

e

revoke a personal licence under sections 83 or 84 of the 2005 Act.

Saving provision: section 50 and 51 of the 2015 Act5

Despite the commencement of section 50 and 51 of the 2015 Act, the amendments made by those sections to the 2005 Act have no effect in relation to a notice received by the Licensing Board from the chief constable, under section 44 or section 83 of the 2005 Act, prior to 15th May 2017.

MICHAEL MATHESONA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULEPROVISIONS OF THE 2015 ACT WHICH COME INTO FORCE ON 15TH MAY 2017

Article 2

Column 1

Provisions of the 2015 Act

Column 2

Subject matter

Column 3

Purpose

Section 41

Licensing objectives: protecting young persons from harm

Section 43, 44, 45, 46, 47 and 48

Fit and proper person test

Section 50 and 51

Relevant offences and foreign offences

Section 53

Offence of supplying alcohol to a child or young person

Section 54

Meaning of “alcohol”: inclusion of angostura bitters

Section 56

Duties of Licensing Boards to produce annual reports

For the purposes of inserting section 9B into the 2005 Act and amending s.146 of the 2005 Act

Section 57

Licensing Standards Officers; general function in relation to personal licences

Section 58

Powers of Licensing Standards Officers

Section 60

Personal licences: grant, duration and renewal

For all remaining purposes

Section 62

Forms etc. of communications under the 2005 Act

Section 87

Minor and consequential amendments and repeals

For the purposes of giving effect to Part 2 of schedule 2

Part 2 of schedule 2, paragraph 4(1), (3), (5) and (7)

Amendments relating to Part 2

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the Act”): sections 41, 43-48, 50, 51, 53, 54, 56 (for limited purposes), 57, 58, 60 (for all remaining purposes), 62, 87 (for limited purposes) and Part 2 of schedule 2, paragraph 4(1), (3), (5) and (7). The provisions are brought into force on 15th May 2017 (article 2).

Articles 3 and 5 contain savings provisions.

Article 3 of the Order makes a saving provision that has the effect that, despite the commencement of sections 43 to 48 of the 2015 Act, the amendments therein shall not apply to the consideration of certain applications or hearings received, initiated or scheduled prior to 15th May 2017.

This includes an application for a premises licence (under section 20 of the 2005 Act); an application for the transfer of a premises licence (under section 33 or 34 of the 2005 Act); a premises licence review application (under section 36 of the 2005 Act); a premises licence review proposal initiated by a Licensing Board (under section 37 of the 2005 Act); an application for a personal licence (under section 72 of the 2005 Act); and an application for a renewal of a personal licence (under section 78 of the 2005 Act). Finally, this article provides that a hearing under sections 83 or 84 of the 2005 Act is unaffected where the date of the hearing has been scheduled before 15th May 2017.

Article 4 of the Order makes a saving provision that has the effect that despite the commencement of sections 43 to 48 of the 2015 Act, the amendments therein shall not apply to the consideration of certain appeals to decisions made by Licensing Boards, where those decisions were made prior to 15th May 2017.

This includes a decision to refuse a premises licence application (under section 23 of the 2005 Act); a decision to refuse an application for the transfer of a premises licence (under section 33 of the 2005 Act); a decision to revoke a premises licence upon review (under section 39 of the 2005 Act); a decision to refuse a personal licence application (under section 74 of the 2005 Act); and a decision to revoke a personal licence (under section 83 or 84 of the 2005 Act).

Article 5 of the Order makes a saving provision that has the effect that despite the commencement of sections 50 and 51 of the 2015 Act, the amendments therein shall not apply where the Licensing Board has received a notice from the chief constable in relation to a premises or personal licence, prior to 15th May 2017.

The Bill for the Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the Act came into force on the following day.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2015 Act have been, or are due to be, brought into force by commencement orders made before the date of this Order.

Provision

Date of Commencement

S.S.I.No.

Section 1

1st December 2015

2015/382

Section 2 (partially)

1st December 2015

2015/382

Section 2 in so far as not already in force

31st December 2016

2016/130

Sections 3–5

1st July 2016

2016/130

Section 6 (1) to (3)

1st July 2016

2016/130

Section 6 in so far as not already in force

31st December 2016

2016/130

Sections 7, 8(1), 9(1) and (2), 10 and 11(1) to (4) and (7)

1st July 2016

2016/130

Sections 8, 9 and 11 in so far not already in force

31st December 2016

2016/130

Sections 12, 13, 14, 15(1) to (3), 16(1) to (5) and (8) and 17(1), (2), (6) and (7)

1st July 2016

2016/130

Sections 15, 16 and 17 in so far as not already in force

31st December 2016

2016/130

Sections 18-22

1st July 2016

2016/130

Sections 23-27

31st December 2016

2016/130

Section 28

1st July 2016

2016/130

Sections 29 and 30

31st December 2016

2016/130

Sections 31(1) and (3)

1st July 2016

2016/130

Section 31 in so far as not already in force

31st December 2016

2016/130

Sections 32, 33 and 34 (other than subsection(2)(n))

1st July 2016

2016/130

Section 34 in so far as not already in force

31st December 2016

2016/130

Section 35(1), (2), and (4)

1st December 2015

2015/382

Section 35(3)

1st July 2016

2016/130

Section 36

1st December 2015

2015/382

Section 37

1st July 2016

2016/130

Section 38

31st December 2016

2016/130

Section 39(1)

1st July 2016

2016/130

Section 39(2) and (3)

1st December 2015

2015/382

Section 40

1st December 2015

2015/382

Section 42

30th September 2016

2016/132

Section 55

30th September 2016

2016/132

Section 56 (partially)

1st December 2015

2015/382

Section 63

1st May 2017

2016/307

Section 64

1st November 2016

2016/307

Section 65(1), (2), (4) and (5)

1st December 2015

2015/382

Sections 66-69

1st September 2016

2016/85

Section 70(1) and (3) (partially)

1st December 2015

2015/382

Section 71

1st November 2016

2016/307

Section 70 in so far as not already in force

1st September 2016

2016/85

Section 72 (partially)

16th March 2016

2016/85

Section 72 in so far as not already in force

1st September 2016

2016/85

Section 73

1st December 2015

2015/382

Section 75

1st November 2016

2016/307

Section 76(1) and (3) (partially)

1st December 2015

2015/382

Section 77

1st May 2017

2016/307

Section 78

1st November 2016

2016/307

Section 79

1st December 2015

2015/382

Section 80(1) and (2) (partially)

1st December 2015

2015/382

Section 80 for all other purposes

1st November 2016

2016/307

Section 81

1st November 2016

2016/307

Section 82

1st May 2017

2016/307

Section 83

1st November 2016

2016/307

Section 87 (partially)

31st December 2016

2016/130

Schedule 1

31st December 2016

2016/130

Schedule 2 part 1

31st December 2016

2016/130