In this Schedule “sex shop” means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating sex articles.

No premises, vehicle, vessel or stall shall be treated as a sex shop by reason only of its use for the exhibition of moving pictures by whatever means produced.

An application under this paragraph may be made either as part of an application for a licence under this Schedule or without any such application.

An application under this paragraph shall be made in writing and shall contain the particulars specified in paragraph 6(2) to (6) below and such particulars as the F3local authority may reasonably require in addition.

The F3local authority may waive the requirement of a licence in any case where they consider that to require a licence would be unreasonable or inappropriate.

A waiver may be for such period as the F3local authority think fit.

Where the F3local authority grant a waiver, they shall notify the chief constable and the applicant for the waiver that they have granted the application.

The F3local authority may at any time give a person who would require a licence but for a waiver notice that the waiver is to terminate on such date, not less than 28 days from the date on which they gave the notice, as may be specified in the notice.

The F3local authority shall give the chief constable a copy of any notice given by them under sub-paragraph (7) above.

An application for the grant or renewal of a licence under this Schedule shall be made in writing to the F4local authority.

An application relating to premises shall state the full address of the premises.

An application relating to a vehicle, vessel or stall shall state where it is to be used as a sex shop.

Every application shall contain such particulars as the F4local authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above.

An applicant for the grant or renewal of a licence under this Schedule shall give notice of the application.

Notice shall in all cases be given by publishing an advertisement in a newspaper specified by the F5local authority, being a newspaper circulating in their area and the applicant shall supply a copy of that advertisement to the F5local authority.

Publication under sub-paragraph (2) above shall be not later than 7 days after the date of the application.

Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days, beginning with the date of the application, on or near the premises in a place where the notice can conveniently be read by the public.

Every notice under this paragraph which relates to premises shall identify the premises.

Every notice under this paragraph which relates to a vehicle, vessel or stall shall specify where it is to be used as a sex shop.

Subject to sub-paragraphs (5) and (6) above, a notice under this paragraph shall be in such form as the F5local authority may prescribe.

An applicant for a licence under this Schedule which is to relate to premises shall, as soon as possible after the expiry of the period of 21 days referred to in sub-paragraph (4) above, submit to the F5local authority a certificate stating that he has complied with sub-paragraphs (4), (5) and (7) above.

An applicant shall not be treated as having failed to comply with sub-paragraph (4) above if the notice was, without any fault or intention of his, removed, obscured or defaced before the 21 days referred to in that sub-paragraph have elapsed, so long as he has taken reasonable steps for its protection and if need be, replacement; and if he has cause to rely on this sub-paragraph, his certificate under sub-paragraph (8) above shall state the relevant circumstances.

Notwithstanding sub-paragraph (2)(e) above, it shall be competent for a F6local authority to entertain an objection or representation received by them before they take a final decision upon the application to which it relates if they are satisfied that there is sufficient reason why it was not made in the time required under that sub-paragraph.

An objection or representation shall be made for the purposes of sub-paragraph (2) above if it is delivered by hand within the time there specified to the F6local authority or posted (by registered or recorded delivery post) so that in the normal course of post it might be expected to be delivered to them within that time.

Sub-paragraph (4A) is without prejudice to sub-paragraph (4).

Where the F6local authority receive notice of a relevant objection or representation they shall, before considering the application, give notice in writing of the general terms of the objection or representation to the applicant but they shall not without the consent of the person making the objection or representation reveal his name or address to the applicant.

In considering an application for the grant or renewal of a licence under this Schedule, a F6local authority may make such reasonable inquiries as they think fit and include the results of these inquiries in matters they take into account, but where they intend so to include any of these results they shall notify the applicant of that intention.

A F6local authority may, before reaching a final decision upon such an application, give the applicant and any person who has made a relevant objection or representation an opportunity to be heard by them F50 and, where they propose to do so, must, within such reasonable period (not being less than 14 days) of the date of the hearing, notify the applicant and each such person of that date .

A variation made under sub-paragraph (1A)(a) or a condition imposed under sub-paragraph (1A)(b) has no effect in so far as it is inconsistent with any mandatory condition to which the licence is subject.

The conditions referred to in sub-paragraph F73(1A)(b) above shall not relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of Part 3 of the Fire (Scotland) Act 2005 (asp 5).

But without prejudice to sub-paragraph (3) above, the F7local authority shall refuse an application for the grant or renewal of a licence if, in their opinion, one or more of the grounds specified in sub-paragraph (5) below apply.

Nil may be an appropriate number for the purposes of sub-paragraph (5)(c) above.

Notification shall be made under sub-paragraph (1)(a), (b) or (d) above within 7 days of the decision to be notified by sending to the person concerned written notice of the decision and under sub-paragraph (1)(c) above either by so doing or by publishing within that time, in a newspaper circulating in the area of the F8local authority, notice of the decision.

The F8local authority shall make out and deliver a licence to every person to whom a licence is granted or whose licence is renewed by the F8 authority, and shall, when requested by any such person and on payment of such fee as they may charge under paragraph 18 below, make out a duplicate of any licence issued under this sub-paragraph and certify such duplicate to be a true copy of that original licence; and any document purporting to be so certified by the proper officer of the F8authority shall be sufficient evidence of the terms of that licence.

Subject to and in accordance with the provisions of this paragraph, a licence shall come into force on being granted by the F9local authority or on such later date as they may specify as a condition of the licence and shall continue in force on being renewed by them.

If an application for the renewal of a licence is made before its expiry the existing licence shall continue to have effect until a final decision on the application is taken by the F9local authority.

On good cause being shown, a local authority may, for the purposes of sub-paragraph (3), deem an application for renewal of a licence made up to 28 days after the expiry of the licence to be an application made before the expiry.

In the event of the death of the holder of a licence granted under this Schedule, the licence shall be deemed to have been granted to his executor and shall, unless previously revoked or surrendered, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the F9local authority may from time to time, on the application of the executor, extend or further extend that period if they are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.

This paragraph is subject to paragraphs 13, 15 and 16 below.

A F10local authority may revoke a licence under sub-paragraph (1)(c) above in respect of a contravention of a condition of a licence notwithstanding that there has been no conviction in that respect.

In considering whether to revoke a licence the appropriate authority may make such reasonable inquiries as they think fit and, subject to sub-paragraph (4) below, include the results of their inquiries in the matters to which they have regard in such consideration.

Where a F10local authority intend to include any of the results of their inquiries under sub-paragraph (3) above in the matters to which they have regard for the purposes of this paragraph, they shall notify the holder of the licence of that intention.

The F10local authority shall have complied with their duty under sub-paragraph (5) above if they have caused to be sent to the persons entitled under that sub-paragraph to an opportunity to be heard, not later than F5214 days before the hearing, notice in writing that the F10authority propose to hold a hearing, together with written notice of the general terms of the complaint and a note of the grounds upon which the revocation of the licence is to be considered and, where they decide to exercise their power under that sub-paragraph, they shall cause such notices and note to be sent to those persons not later than that time.

Where a F10local authority decide to revoke a licence under this Schedule, the revocation shall not, subject to sub-paragraph (8) below, take effect until the expiry of the time within which the holder of the licence may appeal under paragraph 24 below against the revocation or, if such an appeal has been lodged, until it has been abandoned or determined in favour of the revocation.

If, in deciding to revoke a licence under this Schedule, a F10local authority determine that the circumstances of the case justify immediate revocation, they may, without prejudice to their other powers under this paragraph, order that the licence shall be revoked immediately.

A F10local authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the persons referred to in sub-paragraph (5)(a), (c) and (d) above in relation to the licence and to any person who, in pursuance of sub-paragraph (5)(b) above, was heard by the F10authority before they reached that decision.

Where a licence under this Schedule is revoked, its holder shall be disqualified from holding or obtaining such a licence in the area of the F10local authority which revoked it for a period of 12 months beginning with the date of revocation unless the revocation has been reversed on appeal.

Where there is a material change of circumstances affecting a holder of a licence under this Schedule or the business to which it relates, he shall, in accordance with this paragraph, notify the F11local authority of the change as soon as reasonably practicable after it has taken place.

The holder of a licence under this Schedule shall not, unless in accordance with a requirement imposed by or in pursuance of any enactment other than this Schedule, make or cause to be made or permit there to be made any material change in the premises or, as the case may be, the vehicle, vessel or stall without the prior consent of the F11local authority.

A notification under sub-paragraph (1) above or application for consent under sub-paragraph (2) above shall be accompanied by such fee as the F11local authority may charge under paragraph 18 below.

A F11local authority, before considering whether or not to give their consent under sub-paragraph (2) above, shall be entitled to require the holder of the licence to furnish them with specifications, including plans, of the proposed changes.

Where the F11local authority have given their consent under sub-paragraph (2) above to a change in premises or a vehicle, vessel or stall it shall not be necessary for the holder of the licence relating to those premises or that vehicle, vessel or stall to notify the F11local authority of that change under sub-paragraph (1) above.

A F11local authority shall, within 7 days of their decision under sub-paragraph (2) above, send written notice of their decision to the holder of the licence, the chief constable and F33either the enforcing authority where Part 3 of that Act applies in relation to the premises, vehicle, vessel or stall or, where Part 3 of that Act does not so apply, the F61Scottish Fire and Rescue Service .

In this paragraph, a “material change” includes any material change in the particulars given or referred to in the application for the grant, or, where the licence has been renewed, the most recent application for the renewal, of the licence.

A F12local authority may, at any time, whether or not upon an application made to them by the holder of the licence, vary the terms of a licence on any grounds they think fit and such variation shall come into force on such date as they may specify.

Where the proposed variation is in respect of a licence which relates to any premises, vehicle, vessel or stall to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, sub-paragraph (2)(a) above applies as if the reference to the F63Scottish Fire and Rescue Service were a reference to the enforcing authority.

A F12local authority shall have complied with sub-paragraph (2)(b) above if they have invited each of the persons whom they must notify under that sub-paragraph to attend and to be heard by the F12local authority when the variation of the licence is to be considered.

A F12local authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the holder of the licence, the chief constable and F35either the enforcing authority where Part 3 of that Act applies in relation to the premises, vehicle, vessel or stall or, where Part 3 of that Act does not so apply, the F64Scottish Fire and Rescue Service .

A holder of a licence may at any time surrender the licence to the F13local authority and it shall thereupon cease to have effect.

A F13local authority shall, on revoking or varying the terms of a licence, cause notice in writing to be given to the holder of the licence of his duty to deliver it up under sub-paragraph (2) above.

Where a licence has been surrendered under this paragraph on its revocation under paragraph 13 or 19(5)(a) of this Schedule and the revocation is quashed or recalled, the F13local authority shall re-issue the licence.

The register shall be open to the inspection of any member of the public at such reasonable times and places as may be determined by the authority and any member of the public may make a copy thereof or an extract therefrom.

A F14local authority may, on payment of such fee as they may charge under paragraph 18 below, issue a certified true copy of any entry in the register; and any document purporting to be certified by the proper officer of the F14 authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.

In determining the amount of the different fees under sub-paragraph (1) above, the F15local authority shall seek to ensure that from time to time the total amount of fees receivable by the F15l authority is sufficient to meet the expenses of the council in exercising their functions under this Schedule.

Any person who, in connection with an application for the grant or renewal of a licence under this Schedule, makes any statement which he knows to be false or recklessly makes any statement which is false in a material particular shall be guilty of an offence.

A person guilty of an offence under sub-paragraph (1) or (2) above shall be liable, on summary conviction, to a fine not exceeding F16£20,000.

A person may appeal against an order under sub-paragraph (5) above in the same manner as against sentence and the court which made the order may, pending the appeal, suspend the effect of the order.

A person may, at any time after the expiry of the first year of his disqualification under sub-paragraph (5) above, apply to the court which ordered the disqualification to remove it, and, on such application, the court may by order remove the disqualification as from such date as may be specified in the order or refuse the application, and, in either case, may order the applicant to pay the whole or any part of the expenses of such application.

Where the holder of a licence under this Schedule is convicted of an offence under this paragraph or paragraph 20 or 21 below, an extract of such conviction and sentence (if any) shall, within 6 days after the date of the conviction, be transmitted by the clerk of the court to the F18local authority which granted the licence.

Without prejudice to any other provision of this Schedule an authorised officer of the F19local authorityF41, an authorised civilian employeeF36... or a constable may, for the purposes specified in sub-paragraph (2) below, at any reasonable time enter and inspect any premises, vehicle, vessel or stall in relation to which a licence under this Schedule is in force or has been applied for.

An authorised officer of a F19local authorityF42 or an authorised civilian employeeF37... shall not be entitled to exercise the powers which he may exercise under sub-paragraph (1) above until he has produced his authorisation to the person for the time being in charge of the premises, vehicle, vessel or stall.

A constable who is not in uniform shall not be entitled to exercise the powers which he may exercise under sub-paragraph (1) above until he has produced his identification to the person for the time being in charge of the premises, vehicle, vessel or stall.

Any person in charge of any premises, vehicle, vessel or stall who fails without reasonable excuse to permit a constable F43, an authorised civilian employee or an authorised officer of the F19local authorityF38... who, in pursuance of this paragraph, demands to do so to enter or inspect the premises, vehicle, vessel or stall or obstructs the entry thereto of a constable or such F44 employee or officer in pursuance of this paragraph shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F20level 3 on the standard scale.

A constable may use reasonable force in executing a warrant granted under sub-paragraph (1) above.

A constable who is not in uniform shall produce his identification if required to do so by any person in or upon any premises, vehicle, vessel or stall which the constable is about to enter, is entering or has entered under the powers conferred under sub-paragraph (1) above, and if he has been so required to produce his identification, he shall not be entitled to enter or search the premises, vehicle, vessel or stall or, as the case may be, remain there or continue to search the premises, vehicle, vessel or stall until he has produced it.

Any person who fails without reasonable excuse to permit a constable, in pursuance of this paragraph, to enter and search any premises, vehicle, vessel or stall or who obstructs the entry thereto or search thereof in pursuance of this paragraph by a constable shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F21level 3 on the standard scale.

In relation to any notice or reasons given by means of an electronic communication, any requirement of this Schedule for the notice or reasons to be given in writing is satisfied if the communication is sent in accordance with sub-paragraph (5).

When a licensing authority gives a notice or reasons by means of an electronic communication then, unless the contrary is proved, it is to be treated as having been received by the person to whom it was sent on the second working day after the day on which it was sent.

A local authority may make different determinations for different purposes including, in particular, for different types of licence.

In this Schedule—

• “electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000,

• “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000.

Reasons for a decision referred to in sub-paragraph (1) above shall be given by the F23local authority on a request being made to the F23 authority by a relevant person within F5321 days of the date of the decision.

Subject to sub-paragraph (2) below, a person who may, under this Schedule, require a F24local authority to give him reasons for their decision may appeal to the sheriff against that decision.

A F24local authority may be a party to an appeal under this paragraph.

An appeal under this paragraph shall be made by way of summary application and shall be lodged with the sheriff clerk within 28 days from the date of the decision appealed against.

On good cause being shown, the sheriff may hear an appeal under this paragraph notwithstanding that it was not lodged within the time mentioned in sub-paragraph (4) above.

For the purposes of an appeal under this paragraph, the sheriff may, in the case of a decision of a F24local authority for which reasons have not been given by the F24authority under paragraph 23 above, require the F24 authority to give reasons for that decision, and the F24authorityshall comply with such a requirement.

In considering an appeal under this paragraph, the sheriff may hear evidence by or on behalf of any party to the appeal.

In considering an appeal under this paragraph against revocation under paragraph 13(8) above of a licence the sheriff may, pending his decision on the appeal, postpone the taking effect of that revocation but he shall not so postpone unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the council.

The sheriff may include in his decision on an appeal under this paragraph such order as to the expenses of the appeal as he thinks proper.

Any party to an appeal to the sheriff under this paragraph may appeal on a point of law from the sheriff’s decision to the Court of Session within 28 days from the date of that decision.

The Scottish Ministers may by regulations make provision as to the procedure to be followed at, or in connection with, any hearing to be held by a local authority under this Schedule.

Regulations under this paragraph may make different provision for different purposes, including, in particular, different types of licence.

Regulations under this paragraph are subject to the negative procedure.

In this paragraph “the appointed day”, in relation to any area, means the day specified in the resolution passed under section 45 of this Act as the date upon which this Schedule comes into effect in that area.

A F25local authority shall not, before the appointed day, consider any application for the grant of a licence under this Schedule made before the appointed day and shall not grant any such application until they have considered all such applications.