The Licensing Register (Scotland) Amendment Regulations 2018

Scottish Statutory Instruments

2018 No. 267

Licensing (liquor)

The Licensing Register (Scotland) Amendment Regulations 2018

Made

5th September 2018

Laid before the Scottish Parliament

7th September 2018

Coming into force

2nd November 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(2)(a) and (b) and 146(2) of the Licensing (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Licensing Register (Scotland) Amendment Regulations 2018 and come into force on 2nd November 2018.

Amendment of the Licensing Register (Scotland) Regulations 2007

2.—(1) The Licensing Register (Scotland) Regulations 2007(2) are amended in accordance with paragraphs (2) and (3).

(2) After regulation 1 (citation, commencement and interpretation), insert—

“Matters in relation to which licensing registers are to contain information

1A.   In addition to the matters specified in paragraphs (a) to (c) of section 9(1) of the Act, licensing registers are to contain information relating to applications made to the Board under the Act.”.

(3) In regulation 3 (premises licence information), for paragraph (1) substitute—

“(1) A Board’s licensing register is to contain the following information in respect of each application made to the Board under section 20(1) of the Act for the issue of a premises licence—

(a) a copy of the application; and

(b) a copy of the following documents which accompanied the application in terms of section 20(2)(b) of the Act—

(i) the operating plan;

(ii) the layout plan; and

(iii) the disabled access and facilities statement.”.

H YOUSAF

A member of the Scottish Government

St Andrew’s House,

Edinburgh

5th September 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Licensing Register (Scotland) Regulations 2007 (“the 2007 Regulations”)

Regulation 2(2) inserts a new regulation 1A into the 2007 Regulations to clarify that, in addition to the matters specified in section 9(1) of the Licensing (Scotland) Act 2005 (“the 2005 Act”), licensing registers are to contain information about applications made to the Licensing Board (“the Board”) under the 2005 Act. This clarifies that licensing registers must contain information about applications made to the Board as well as information about the Board’s decisions in relation to those applications.

Regulation 2(3) substitutes a new paragraph (1) into regulation 3 of the 2007 Regulations to provide that the licensing register must now contain, in relation to each premises licence application made to the Board, a copy of the disabled access and facilities statement.

(1)

2005 asp 16.

(2)

S.S.I. 2007/33.