Territorial application: Scotland
27.The Act’s effect in Scotland is the same as in England, with the exception of the following sections:
sections 148 (legal assistance scheme), 212 (fees) and 346 (prosecution by licensing authority) are not applicable in Scotland;
sections 151 (form of licence), 159 (making of application), 160 (notice of application), 161 (representation), 164 and 165 (grant and rejection of application), 167 (mandatory conditions), 168 (default conditions), 184 (annual fee), 190 (copy of licence), 197 and 200 (review), 219 (giving notice), 349 (three-year licensing policy), and paragraphs (5)(d) of Schedule 10 (FEC permits) and 6(e) and 21(2) of Schedule 14 (prize gaming permits) provide Scottish Ministers with the power to make their own regulations in respect of premises licence and permit matters in Scotland;
section 285 (clubs, pubs etc.: special provision for Scotland) enables Scottish Ministers, with the consent of the Secretary of State, to make provision by regulations in respect of club gaming and machine permits in place of that in Schedule 12; and in respect of licensed premises gaming machine permits in place of that in Schedule 13; and
sections 33 (provision of facilities for gambling), 37 (use of premises), 41 (gambling software), 42 (cheating), 43 (chain gift schemes), 62 (penalty), 139 (breach of personal licence condition), 246 (penalty), 263 (penalty), 301 (misusing profits of non-commercial prize gaming), 328 (regulations), 330 (unlawful gambling), 331 (foreign gambling), 342 (false information) and 345 (forfeiture) make provision for a term of imprisonment on summary conviction not to exceed 51 weeks. The application of these sections to Scotland differs in that the maximum term of imprisonment is 6 months.
Section 155 (delegation of functions under Part 8: Scotland) contains particular provisions regarding the delegation arrangements within licensing boards for functions conferred under the Act.
