PART 3 continued
(1) This section applies in relation to a premises licence variation application where—
(a) the variation sought is the substitution of another individual as the premises manager, and
(b) the applicant requests in the application that the variation should have immediate effect.
(2) Where this section applies, the premises licence to which the application relates has effect during the application period as if it were varied as proposed in the application.
(3) In subsection (2), “the application period” means the period—
(a) beginning when the application is received by the Licensing Board, and
(b) ending—
(i) when the variation takes effect, or
(ii) if the application is withdrawn before it is determined, when it is withdrawn.
(1) Subsection (2) applies where a Licensing Board has refused a premises licence variation application (such a refusal being referred to in this section as the “earlier refusal”).
(2) Subject to subsection (3), the Board must refuse any subsequent premises licence variation application—
(a) in respect of the same premises licence, and
(b) seeking the same variation,
made before the expiry of the period of one year beginning with the date of the earlier refusal.
(3) Subsection (2) does not apply in relation to any subsequent application made during that period if—
(a) at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or
(b) the Board is satisfied that there has been a material change of circumstances since the earlier refusal.
(1) A premises licence holder may apply to the appropriate Licensing Board for the transfer of the licence to such person as is specified in the application (such person being referred to in this section as the “transferee”).
(2) The transferee may not be an individual under the age of 18.
(3) An application under subsection (1) must be accompanied by—
(a) the premises licence to which the application relates, or
(b) if that is not practicable, a statement of the reasons for failure to produce the licence.
(4) Where a Licensing Board receives an application under subsection (1), the Board must give notice of it, together with a copy of the application, to the appropriate chief constable.
(5) The appropriate chief constable must, within 21 days of the date of receipt of a notice under subsection (4), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (6).
(6) Those notices are—
(a) a notice stating that neither—
(i) the transferee, nor
(ii) where the transferee is neither an individual nor a council, any connected person,
has been convicted of any relevant offence or foreign offence, or
(b) a notice specifying any convictions of—
(i) the transferee, and
(ii) where the transferee is neither an individual nor a council, any connected person,
for a relevant offence or a foreign offence.
(7) Where the appropriate chief constable—
(a) proposes to give a notice under subsection (6)(b), and
(b) considers that, having regard to any conviction to be specified in the notice, it is necessary for the purposes of the crime prevention objective that the application for transfer of the licence to the transferee be refused,
the chief constable may include in the notice a recommendation to that effect.
(8) Where the Licensing Board receives a notice under subsection (6)(a) in relation to an application under subsection (1), the Board must grant the application.
(9) Where the Licensing Board receives a notice under subsection (6)(b) in relation to an application under subsection (1), the Board must hold a hearing for the purpose of considering and determining the application.
(10) Where a hearing is held under subsection (9), the Licensing Board must, having regard to the chief constable’s notice—
(a) if satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application, or
(b) if not so satisfied, grant the application.
(1) A person other than—
(a) the holder of a premises licence, or
(b) an individual under the age of 18,
(being a person of a prescribed description) may, within 28 days of the occurrence of any of the events specified in subsection (3), apply to the appropriate Licensing Board for the transfer to that person of the licence.
(2) An application under subsection (1) must be accompanied by—
(a) the premises licence to which the application relates, or
(b) if that is not practicable, a statement of the reasons for failure to produce the licence.
(3) The events referred to in subsection (1) are—
(a) the premises licence holder, being an individual—
(i) dies, or
(ii) becomes incapable within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000 (asp 4),
(b) the premises licence holder, being an individual, a partnership or a company, becomes insolvent,
(c) the premises licence holder, being a person other than an individual, a partnership or a company, is dissolved, and
(d) the business carried on in the licensed premises to which the licence relates is transferred (whether by sale or otherwise) to another person.
(4) Subsections (4) to (10) of section 33 apply for the purposes of an application under subsection (1) of this section as they apply for the purposes of an application under subsection (1) of that section, but as if references in them to the transferee were references to the applicant in relation to the application under subsection (1) of this section.
(5) Subsections (7) and (8) of section 28 apply for the purposes of subsection (3)(b) of this section as they apply for the purposes of subsection (5)(d) of that section.
(1) A person making an application to a Licensing Board under section 33(1) or 34(1) for transfer of a premises licence may also make an application to the Board for a variation of the licence.
(2) Sections 29 and 30 apply in relation to an application under subsection (1) for a variation as they apply to a premises licence variation application.
(3) Where—
(a) an application is made under subsection (1), and
(b) the applicant intimates to the Licensing Board that the application under section 33(1) or 34(1) for transfer of the premises licence is contingent on the grant of the application under subsection (1),
the Licensing Board must determine the application under subsection (1) before determining the application for the transfer of the licence.
(4) In such a case, if the Licensing Board refuses the application under subsection (1), the application for the transfer of the licence falls.
(5) In any other case where an application under subsection (1) is made—
(a) the Licensing Board must first determine the application for transfer of the licence before determining the application under subsection (1), and
(b) if the application for the transfer of the licence is refused, the application under subsection (1) falls.
(1) Any person may apply to the appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect for a review of the licence on any of the grounds for review.
(2) An application under subsection (1) is referred to in this Act as a “premises licence review application”.
(3) The grounds for review referred to in subsection (1) are—
(a) that one or more of the conditions to which the premises licence is subject has been breached, or
(b) any other ground relevant to one or more of the licensing objectives.
(4) A Licensing Standards Officer may make a premises licence review application on the ground specified in subsection (3)(a) only if—
(a) in relation to the alleged ground for review, the Officer or any other Licensing Standards Officer has issued to the licence holder a notice under section 14(2)(a)(i), and
(b) the licence holder has failed to take the action specified in the notice to the satisfaction of the Officer.
(5) A premises licence review application must specify the alleged ground for review, including in particular—
(a) where the ground is that specified in subsection (3)(a), the condition or conditions alleged to have been breached,
(b) where the ground is that specified in subsection (3)(b), the licensing objective or objectives to which the alleged ground of review relates.
(6) The Licensing Board may reject a premises licence review application if the Board considers the application—
(a) is vexatious or frivolous, or
(b) does not disclose any matter relevant to any ground for review.
(7) Where the Licensing Board rejects a premises licence review application under subsection (6), the Board—
(a) must give notice of the decision, and the reasons for it, to the applicant, and
(b) where it is rejected on the ground that it is frivolous or vexatious, may recover from the applicant any expenses incurred by the Board in considering the application.
(8) In any proceedings by a Licensing Board for the recovery of expenses under subsection (7)(b), a copy of any minute of proceedings of the Licensing Board—
(a) recording the Board’s rejection of the application and the grounds for rejection, and
(b) certified by the clerk of the Board to be a true copy,
is sufficient evidence of the rejection and of the establishment of the grounds for rejection.
(1) The appropriate Licensing Board in respect of any licensed premises in relation to which a premises licence has effect may, on their own initiative, propose to review the licence on any of the grounds for review.
(2) A proposal under subsection (1) is referred to in this Act as a “premises licence review proposal”.
(3) The grounds for review referred to in subsection (1) are those specified in subsection 36(3).
(4) A premises licence review proposal must specify the alleged ground for review, including in particular—
(a) where the ground is that specified in subsection 36(3)(a), the condition or conditions alleged to have been breached,
(b) where the ground is that specified in subsection 36(3)(b), the licensing objective or objectives to which the alleged ground of review relates.
(1) Where a Licensing Board—
(a) makes a premises licence review proposal, or
(b) receives a premises licence review application,
the Board must hold a hearing for the purposes of considering and determining the proposal or application unless, in the case of a premises licence review application, the Board has rejected the application under subsection 36(6).
(2) A hearing under subsection (1) is referred to in this Act as a “review hearing”.
(3) Where a review hearing is to be held, the Licensing Board must—
(a) in the case of a premises licence review application, give notice of the hearing to the applicant, and
(b) give notice of the hearing and a copy of the premises licence review proposal or application to—
(i) the licence holder, and
(ii) any Licensing Standards Officer for the area in which the premises concerned are situated, unless, in the case of a premises licence review application, the applicant is such an Officer.
(4) Where a Licensing Standards Officer receives under subsection (3)(b)(ii) a copy of a premises licence review proposal or application—
(a) the Officer must, before the review hearing, prepare and submit to the Licensing Board a report on the proposal or application, and
(b) the Licensing Board must take the report into account at the hearing.
(5) The Licensing Board may, for the purposes of the review hearing—
(a) obtain further information from such persons, and in such manner, as the Board thinks fit, and
(b) take the information into account.
(6) In particular, the Board may—
(a) request—
(i) the attendance at the review hearing of any person for the purpose of providing information, and
(ii) the production at the review hearing by any person of any documents in that person’s possession or under that person’s control, and
(b) take into account any information relevant to any ground for review even though it is not relevant to any circumstances alleged in the review proposal or application under consideration.
(1) At a review hearing in relation to any premises licence, the Licensing Board may, if satisfied that a ground for review is established (whether or not on the basis of any circumstances alleged in the premises licence review proposal or application considered at the hearing) take such of the steps mentioned in subsection (2) as the Board considers necessary or appropriate for the purposes of any of the licensing objectives.
(2) Those steps are—
(a) to issue a written warning to the licence holder,
(b) to make a variation of the licence,
(c) to suspend the licence for such period as the Board may determine,
(d) to revoke the licence.
(3) On making a variation under subsection (2)(b), the Board may provide for the variation to apply only for such period as they may determine.
Where a Licensing Board has made a variation under subsection (2)(b) of section 39 or suspended the licence under subsection (2)(c) of that section, the Board may—
(a) on the application of the licence holder, and
(b) if satisfied that, by reason of a change of circumstances, the variation or suspension is no longer necessary,
revoke the variation or suspension.
(1) Subsection (2) applies where—
(a) a person who holds a premises licence is charged with a relevant offence, or
(b) a person charged with a relevant offence is granted a premises licence after the person’s first appearance in court in connection with the offence but before—
(i) conviction and sentencing for the offence or acquittal, or
(ii) where an appeal is brought against conviction, sentence or acquittal, the disposal of the appeal.
(2) The person must, not later than the person’s first appearance or, as the case may be, next appearance in court in connection with the offence—
(a) produce to the court the premises licence, or
(b) if that is not practicable, notify the court of—
(i) the existence of the premises licence,
(ii) the identity of the Licensing Board which issued it, and
(iii) the reasons why it is not practicable to produce the licence.
(3) A person who, without reasonable excuse, fails to comply with subsection (2) commits an offence.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) This section applies where the clerk of a court in Scotland by or before which a person is convicted of a relevant offence is aware that the person holds a premises licence.
(2) The clerk of the court must, as soon as reasonably practicable after the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the person convicted.
(1) This section applies where any of the persons specified in subsection (2) is convicted of a relevant or foreign offence.
(2) Those persons are—
(a) the holder of a premises licence, and
(b) where—
(i) the holder of such a licence is neither an individual nor a council, or
(ii) the premises in respect of which such a licence is held are used wholly or mainly for the purposes of a club,
any connected person.
(3) The holder of the premises licence must, no later than one month after the date of the conviction, give notice of the conviction to the Licensing Board which issued the premises licence held by the licence holder.
(4) A notice of conviction under subsection (3) must—
(a) specify—
(i) the nature of the offence, and
(ii) the date of conviction, and
(b) be accompanied by—
(i) the premises licence held by the licence holder, or
(ii) if that is not practicable, a statement of the reasons for failure to produce the licence.
(5) A premises licence holder who fails, without reasonable excuse, to comply with subsection (3) commits an offence.
(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) This section applies where the Licensing Board which issued a premises licence receives a notice of conviction relating to—
(a) the holder of the licence, or
(b) where—
(i) the holder of the licence is neither an individual nor a council, or
(ii) the premises in respect of which the licence is held are used wholly or mainly for the purposes of a club,
a connected person.
(2) The Licensing Board must give notice of the conviction to the appropriate chief constable.
(3) The appropriate chief constable must, within 21 days of the date of receipt of a notice under subsection (2), respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).
(4) Those notices are—
(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or foreign offence, or
(b) a notice confirming the existence of the conviction and that it relates to a relevant or foreign offence.
(5) Where the chief constable—
(a) proposes to give a notice under subsection (4)(b), and
(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of the crime prevention objective that the premises licence should be varied, suspended or revoked,
the chief constable may include in the notice a recommendation to that effect.
(6) If the Licensing Board receives from the appropriate chief constable a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.
(7) If the Licensing Board receives from the appropriate chief constable a notice under subsection (4)(b), the Licensing Board must make a premises licence review proposal in respect of the premises licence.
(8) In this section, “notice of conviction” means a notice under section 42(2) or 43(3).
(1) A premises licence application may be made in relation to any premises despite the fact that, at the time the application is made, the premises are yet to be, or are in the course of being, constructed or converted for use as licensed premises.
(2) A premises licence application in respect of any such premises is referred to in this Act as a “provisional premises licence application”.
(3) A premises licence issued in respect of any such premises does not take effect unless and until it is confirmed by the Licensing Board which issued it in accordance with section 46.
(4) If a premises licence issued in respect of any such premises is not confirmed before the end of the provisional period, then at the end of that period the licence is treated as revoked.
(5) A premises licence—
(a) to which subsection (3) applies, and
(b) which has not been confirmed in accordance with section 46,
is referred to in this Act as a “provisional premises licence”.
(6) The provisional period, in relation to a provisional premises licence, is the period of 2 years beginning with the date of issue of the licence.
(7) On the application of the holder of a provisional premises licence made before the expiry of the provisional period, the Licensing Board which issued the licence may, if satisfied as to the matter mentioned in subsection (8), extend the provisional period by such period as the Board considers appropriate.
(8) That matter is that—
(a) completion of the construction or conversion of the premises to which the licence relates has been delayed, and
(b) the delay has been caused by factors outwith the premises licence holder’s control.
(9) Where the provisional period in relation to any provisional premises licence has been extended under subsection (7), references in this section and section 46 to the provisional period are to that period as so extended.
(10) Section 20 has effect in relation to a provisional premises licence application as if—
(a) in subsection (2)(b), for sub-paragraph (iii) there were substituted—
“(iii) the certificate required by section 50(2),”, and
(b) in subsection (4), paragraph (g) were omitted.
(11) In this section, “construct” and “convert” have the same meanings as they have for the purposes of the Building (Scotland) Act 2003 (asp 8).
(1) The holder of a provisional premises licence may, at any time before the expiry of the provisional period in relation to the licence, apply to the Licensing Board which issued the licence for confirmation of the licence.
(2) An application under subsection (1) must be accompanied by—
(a) the provisional premises licence,
(b) the operating plan for the premises to which the licence relates,
(c) the layout plan for the premises, and
(d) the certificates required by section 50(3).
(3) The operating plan referred to in subsection (2)(b) must, in particular and without prejudice to subsection (4) of section 20, contain a statement of the information specified in paragraph (g) of subsection (4) of that section.
(4) Where a Licensing Board which issued a provisional premises licence receives an application under subsection (1) in respect of the licence, the Board must, if satisfied as to the matters mentioned in subsection (5), confirm the licence.
(5) Those matters are that—
(a) since the provisional premises licence was issued, or
(b) if, since that time, an application for a variation of the licence has been granted under section 30, since the last such application was granted,
there has been no variation (other than a minor variation) made to the operating plan or layout plan for the premises to which the licence relates.
(6) Where a Licensing Board confirms a provisional premises licence under subsection (4), the Board may, for the purpose specified in subsection (7), make a variation of the conditions to which the licence is subject.
(7) That purpose is ensuring consistency with any licensing policy statement or supplementary licensing policy statement published since the licence was issued.
(1) This section applies where any licensed premises (other than premises in respect of which a provisional premises licence or occasional licence has effect) are undergoing, or are to undergo, reconstruction or conversion (referred to in this section as the “principal premises”).
(2) The appropriate Licensing Board in relation to the principal premises may—
(a) on the application of the holder of the premises licence in respect of the premises, and
(b) if satisfied as to the matters mentioned in subsection (3),
issue to the applicant a premises licence in respect of such other premises within the Licensing Board’s area as are specified in the application (such premises being referred to in this section as the “temporary premises”).
(3) The matters referred to in subsection (2)(b) are—
(a) that the temporary premises are suitable for use for the sale of alcohol, and
(b) that it is necessary to grant the application to enable the applicant to carry on business pending reconstruction or conversion of the principal premises.
(4) A premises licence issued under subsection (2) is referred to in this Act as a “temporary premises licence”.
(5) A temporary premises licence—
(a) has effect for such period of not more than 2 years beginning with the date of its issue as the Licensing Board may determine, and
(b) is subject to the same conditions as those to which the premises licence in respect of the principal premises is subject at the time the temporary premises licence is issued, with such exceptions or variations (if any) as the Licensing Board considers appropriate.
(6) The Licensing Board may, on the application of the holder of a temporary premises licence, extend the period during which it has effect for such further period of not more than 12 months as they may determine.
(7) In this section—
“conversion” has the same meaning as it has for the purposes of the Building (Scotland) Act 2003 (asp 8), and
“reconstruction” includes alteration, re-erection and extension.
(1) A premises licence holder must, not later than one month after the occurrence of any change in—
(a) the licence holder’s name or address, or
(b) the name or address of the premises manager specified in the licence,
give the appropriate Licensing Board notice of the change.
(2) A notice under subsection (1) must be accompanied by the premises licence or, if that is not practicable, by a statement of the reasons for the failure to produce the licence.
(3) A premises licence holder who fails, without reasonable excuse, to comply with subsection (1), commits an offence.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.