PART 2ALCOHOL LICENSING

Fit and proper person test

I147Personal licence holders: procedure on receipt of notice of conviction

1

The 2005 Act is amended as follows.

2

In section 83 (procedure where Licensing Board receive notice of conviction)—

a

after subsection (8), insert—

8A

Subsection (8) is subject to subsection (9A).

b

after subsection (9), insert—

9A

Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.

c

in subsection (10), after “(9)” insert “ or (9A) ”.

3

In Part 2 of schedule 5 (appeals to the sheriff), in the entry in the left-hand column relating to a decision to make an order under section 83(9), 84(7) or 86(3), for “83(9)” substitute “ 83(9) or (9A) ”.