Part IIIF2Control of sex shops and sexual entertainment venues
F1Conditions of licences granted under this Part
Ss. 45E, 45F and cross-heading inserted (1.12.2015 for the insertion of s. 45E for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 80(2), 88(2); S.S.I. 2015/382, art. 2, sch.
45EMandatory licence conditions
1
The Scottish Ministers may by order prescribe conditions to which licences granted by local authorities under this Part 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
An order under subsection (1) is subject to the affirmative procedure.
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 local authorities under this Part are to be subject, or
b
to be imposed by local authorities in granting or renewing licences under this Part.
5
The following conditions are referred to in this Part 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.
6
In this section and section 45F, references to licences granted by local authorities include references to—
a
licences renewed by local authorities, and
b
licences deemed by virtue of section 45D to have been granted or renewed by local authorities.
45FStandard licence conditions
1
A local authority may determine conditions to which licences granted by them under this Part are to be subject.
2
Conditions determined under subsection (1) are referred to in this Part 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 local 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 9(1A) of Schedule 2.
Pt. 3 title substituted (26.4.2019) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 76(4), 88(2); S.S.I. 2019/99, art. 2(1)(b) (with art. 3)