Part 5Operating Licences

Issue

73Procedure

(1)

For the purpose of considering an application under section 69 the Commission may—

(a)

require the applicant to provide information;

(b)

consult, and have regard to information provided by or an opinion stated by, any person.

(2)

In subsection (1) “information” and “opinion” mean information or an opinion about—

(a)

the applicant,

(b)

a person relevant to the application, or

(c)

the licensed activities.

(3)

In particular, the Commission may require the production of F1a criminal records document relating to—

(a)

the applicant, or

(b)

a person relevant to the application

F2or the production of up-date information F3... in relation to F4a document mentioned in subsection (3A)(a)(i).

F5(3A)

In subsection (3)—

(a)

“criminal records document” means—

(i)

an enhanced criminal record certificate under section 113B of the Police Act 1997;

(ii)

a Level 2 disclosure under section 11 of the Disclosure (Scotland) Act 2020;

(b)

“up-date information” has the meaning given by section 116A of the Police Act 1997.

(4)

The statement maintained by the Commission under section 23 must, in particular, specify the Commission's practice in relation to—

(a)

the delegation of functions in relation to applications,

(b)

the holding of oral hearings of applications, and

(c)

evidence required or accepted in connection with applications.

(5)

The Commission may disregard an irregularity or deficiency in or in relation to an application, other than a failure to pay the fee required by section 69(2)(g).

(6)

For the purposes of this section a reference to the licensed activities or to a person relevant to an application shall be construed in accordance with section 70(9).