PART 8LICENSING UNDER CIVIC GOVERNMENT (SCOTLAND) ACT 1982

172Conditions to which licences under 1982 Act are to be subject

1

The 1982 Act is amended as follows.

2

In section 3(4) (automatic grant or renewal of licence where application not determined within specified period), the word “unconditionally” is repealed.

3

After section 3 insert—

3AMandatory licence conditions

1

The Scottish Ministers may by order made by statutory instrument prescribe conditions to which licences granted by licensing authorities under this Act are to be subject.

2

Different conditions may be prescribed under subsection (1)—

a

in respect of different licences, or different types of licence,

b

otherwise for different purposes, circumstances or cases.

3

No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.

4

Subsection (1) does not affect any other power of the Scottish Ministers under this Act or any other enactment to prescribe conditions—

a

to which licences granted by licensing authorities under this Act are to be subject, or

b

to be imposed by licensing authorities in granting or renewing licences under this Act.

5

The following conditions are referred to in this Part and Part 2 of this Act as “mandatory conditions”—

a

conditions prescribed under subsection (1),

b

conditions prescribed under any power referred to in subsection (4), and

c

conditions imposed, or required to be imposed, by any provision of this Part or Part 2 of this Act.

6

In this section and section 3B, references to licences granted by licensing authorities include references to—

a

licences renewed by licensing authorities, and

b

licences deemed by virtue of section 3(4) to be granted or renewed by licensing authorities.

3BStandard licence conditions

1

A licensing authority may determine conditions to which licences granted by them under this Act are to be subject.

2

Conditions determined under subsection (1) are referred to in this Part and Part 2 as “standard conditions”.

3

Different conditions may be determined under subsection (1)—

a

in respect of different licences, or different types of licence,

b

otherwise for different purposes, circumstances or cases.

4

A licensing authority must publish, in such manner as they think appropriate, any standard conditions determined by them.

5

Standard conditions have no effect—

a

unless they are published, and

b

so far as they are inconsistent with any mandatory conditions.

6

Subsection (1) is subject to paragraph 5(1A)(a) of Schedule 1 to this Act.

4

In section 27C (conditions in respect of knife dealers’ licences)—

a

in subsection (1)—

i

in paragraph (b), after “prejudice to” insert “section 3B and”, and

ii

in paragraph (c), after “that” insert “section and”, and

b

subsection (2) is repealed.

5

In section 41(3) (power to attach conditions to public entertainment licences), after “prejudice to” insert “section 3B of and”.

6

In Schedule 1 (further provisions as to the general licensing system), in paragraph 5—

a

in sub-paragraph (1)—

i

in paragraph (a), the word “unconditionally” is repealed, and

ii

paragraph (b) is repealed,

b

after that sub-paragraph insert—

1A

In granting or renewing a licence under sub-paragraph (1)(a), a licensing authority may (either or both)—

a

disapply or vary any standard conditions so far as applicable to the licence,

b

impose conditions in addition to any mandatory or standard conditions to which the licence is subject.

c

in sub-paragraph (2), for “(1)(b)” substitute “(1A)(b)”, and

d

after that sub-paragraph insert—

2A

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