PART 2ALCOHOL LICENSING

Fit and proper person test

I148Personal licence holders: conduct inconsistent with the licensing objectives

1

The 2005 Act is amended as follows.

2

In section 84 (conduct inconsistent with the licensing objectives)—

a

after subsection (6), insert—

6A

Subsection (6) is subject to subsection (7A).

b

after subsection (7), insert—

7A

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 (8), after “(7)” insert “ or (7A) ”.

3

In section 84A (power of chief constable to report conduct inconsistent with the licensing objectives), in subsection (3), for “(6), (7)” substitute “ (6), (6A), (7), (7A) ”.

4

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 “84(7)” substitute “ 84(7) or (7A) ”.