SCHEDULES

SCHEDULE 1 S Licensing—Further Provisions as to the General System

Modifications etc. (not altering text)

C1 Sch. 1: power to apply conferred (18.11.1996) by 1996 c. 58, ss. 33(3), 48(6)

C2 Sch. 1 applied (with modifications) (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), arts. 1, 5(b), sch. 2 Pt. 2 (with art. 7)

[F1 Variation, suspension and revocation of licences] S

Textual Amendments

F1 Sch. 1 para. 10 cross-heading substituted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(a), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

10 (1) A licensing authority may, at any time, whether or not upon an application made to them by the holder of the licence, vary the terms of a licence on any grounds they think fit. S

(2) A licensing authority, before proceeding to vary the terms of a licence under sub-paragraph (1) above—

(a) shall, not later than 7 days before the day on which the proposed variation is to be considered, notify the holder of the licence, the chief constable and, where the licence relates to an activity wholly or mainly carried on in premises, the [F2 Scottish Fire and Rescue Service] of the proposed variation; and

(b) shall give each of the persons [F3 required to be notified under] sub-sub-paragraph (a) above an opportunity to be heard by the authority on that day.

[F4 (2A) Where the premises mentioned in sub-paragraph (2)(a) above are premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, that sub-paragraph applies as if the reference to the [F5 Scottish Fire and Rescue Service] were a reference to the enforcing authority]

(3) A licensing authority shall have complied with sub-paragraph (2)(b) above if they have invited each of the persons whom they must notify under that sub-paragraph to attend and to be heard by the authority when the variation of the licence is to be considered.

(4) A licensing authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the holder of the licence and the chief constable and, where the licence relates to an activity wholly or mainly carried on

[F6 (a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises] , to the [F7 Scottish Fire and Rescue Service] .

(5) A variation in the terms of a licence shall come into force—

(a) when the time within which an appeal under paragraph 18 below may be made has elapsed; or

(b) where such an appeal has been lodged, when the appeal has been abandoned or determined in favour of the variation.

[F8 (6) Sub-paragraph (5) does not apply to a deemed variation of the terms of a licence under section 3(4).]

Textual Amendments

F2 Words in Sch. 1 para. 10(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in Sch. 1 para. 10(2)(b) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(f)(i)

F4 Sch. 1 para. 10(2A) inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(f)(ii)

F5 Words in Sch. 1 para. 10(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6 Words in Sch. 1 para. 10(4) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(f)(iii)

F7 Words in Sch. 1 para. 10(4)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8 Sch. 1 para. 10(6) inserted (1.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 77(4), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 4)

11 (1) A licensing authority may, whether upon a complaint made to them or not, suspend [F9 or revoke] a licence in accordance with the provisions of this paragraph. S

(2) A licensing authority may order the suspension [F10 or revocation] of a licence if in their opinion—

(a) the holder of the licence or, where the holder is not a natural person, any director of it or partner in it or any other person responsible for its management, is not or is no longer a fit and proper person to hold the licence;

(b) the activity to which the licence relates is being managed by or carried on for the benefit of a person, other than the licence holder, who would have been refused the grant or renewal of the licence under paragraph 5(3) above;

(c) the carrying on of the activity to which the licence relates has caused, is causing or is likely to cause undue public nuisance or a threat to public order or public safety;

(d) a condition of the licence has been contravened.

[F11 (2A) A licensing authority may order the suspension or revocation of a taxi driver's licence or a private hire car driver's licence [F12 or a booking office licence] if the holder of the licence has, since its grant, been convicted of an immigration offence or required to pay an immigration penalty (see paragraph 20).

(2B) Sub-paragraph (2A) does not apply if—

(a) in a case where the holder of the licence has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b) in a case where the holder of the licence has been required to pay an immigration penalty—

(i) more than three years have elapsed since the date on which the penalty was imposed, and

(ii) the amount of the penalty has been paid in full.]

(3) A licensing authority may make an order under sub-paragraph (2)(d) above in respect of a contravention of a condition of a licence notwithstanding that there has been no conviction in that respect.

(4) In considering whether to suspend [F13 or revoke] a licence the licensing authority may—

(a) have regard to—

(i) any misconduct on the part of the holder of the licence, whether or not constituting a breach of any provision of Part I or II of this Act or this Schedule, which in the opinion of the authority has a bearing on his fitness to hold a licence;

(ii) where the licence relates to an activity consisting of or including the use of premises or a vehicle or vessel, any misconduct on the part of persons frequenting or using the premises, vehicle or vessel occurring there or any misconduct in the immediate vicinity of the premises, vehicle or vessel which is attributable to those persons;

(b) make such reasonable inquiries as they think fit and, subject to sub-paragraph (5) below, include the results of their inquiries in the matters to which they have regard in such consideration.

(5) Where a licensing authority intend to include any of the results of their inquiries under sub-paragraph (4)(b) above in the matters to which they have regard for the purposes of sub-paragraph (4) above, they shall notify the holder of the licence of that intention.

(6) A licensing authority may, whether upon an application made to them or not, recall an order [F14 to suspend a licence] made under this paragraph.

(7) A licensing authority in considering whether or not to suspend [F15 or revoke] a licence may, but before deciding to do so shall, give—

(a) the holder of the licence;

(b) any person who has made a complaint relevant to the matters to be considered at the hearing;

(c) the chief constable; and

(d) where the licence relates to an activity wholly or mainly carried on

[F16 (a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises], the [F17 Scottish Fire and Rescue Service],

an opportunity to be heard by the licensing authority.

(8) The licensing authority shall have complied with their duty under sub-paragraph (7) above if they have caused to be sent to the persons entitled under that sub-paragraph to an opportunity to be heard, not later that [F18 14] days before the hearing, notice in writing that the authority propose to hold a hearing, together with a copy of any complaints relevant to the matters to be considered at the hearing and a note of the grounds upon which the suspension [F19 or revocation] of the licence is to be considered and, where they decide to exercise their power under that sub-paragraph, they shall cause such notice, copy and note to be sent to those persons not later than that time.

(9) Where a licensing authority decide to order the suspension [F20 or revocation] of a licence, the suspension [F21 or, as the case may be, revocation] shall not, subject to sub-paragraph (10) below, take effect until the expiry of the time within which the holder of the licence may appeal under paragraph 18 below against the suspension [F21 or, as the case may be, revocation] or, if such an appeal has been lodged, until it has been abandoned or determined in favour of the suspension [F21 or, as the case may be, revocation].

(10) If, in deciding to order the suspension [F22 or revocation] of a licence, a licensing authority determine that the circumstances of the case justify immediate suspension they may, without prejudice to their other powers under this paragraph, order that the licence shall be suspended immediately.

(11) The period of suspension of a licence under this paragraph shall be the unexpired portion of the duration of the licence, or such shorter period as the licensing authority may fix; and the effect of suspension shall be that the licence shall cease to have effect during the period of the suspension.

(12) A licensing authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the persons referred to in sub-paragraph (7)(a), (c) and (d) above in relation to the licence and to any person who, in pursuance of sub-paragraph (7)(b) above, was heard by the authority before they reached that decision.

Textual Amendments

F9 Words in Sch. 1 para. 11(1) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(i), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F10 Words in Sch. 1 para. 11(2) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(ii), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F11 Sch. 1 para. 11(2A)(2B) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 32(4) (with Sch. 5 para. 55); S.I. 2016/1037, reg. 5(i)

F12 Words in Sch. 1 para. 11(2A) inserted by S.S.I. 2009/145, Sch. para. 3B (as inserted) (22.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Licensing of Booking Offices Scotland) Regulations 2017 (S.I. 2017/1317), regs. 1, 6(a) (with reg. 7)

F13 Words in Sch. 1 para. 11(4) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(iii), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F14 Words in Sch. 1 para. 11(6) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(iv), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F15 Words in Sch. 1 para. 11(7) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(v), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F16 Words in Sch. 1 para. 11(7)(d) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(g)

F17 Words in Sch. 1 para. 11(7)(d) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F18 Word in Sch. 1 para. 11(8) substituted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 178(2)(h), 206(1); S.S.I. 2010/413, art. 2, sch. (with sch.)

F19 Words in Sch. 1 para. 11(8) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(vi), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F20 Words in Sch. 1 para. 11(9) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 78(3)(b)(vii)(A), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F21 Words in Sch. 1 para. 11(9) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), s. 78(3)(b)(vii)(B), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F22 Words in Sch. 1 para. 11(10) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(b)(viii), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

12 (1) A licensing authority shall, whether upon a complaint made to them or not, order the suspension under this paragraph of a licence if they are of the opinion that the carrying on of the activity to which the licence relates is causing or is likely to cause a serious threat to public order or public safety. S

(2) In considering whether to suspend a licence under this paragraph, a licensing authority may make such reasonable inquiries as they think fit and include the results of their inquiries in the matters to which they have regard in such consideration.

(3) Where a licensing authority intend to include any of the results of their inquiries under sub-paragraph (2) above in the matters to which they have regard for the purposes of this paragraph they shall notify the holder of the licence of that intention.

(4) A licensing authority shall, before reaching a decision on the question whether or not to suspend a licence under this paragraph, consult the chief constable and, where the licence relates to an activity wholly or mainly carried on

[F23 (a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises] , the [F24 Scottish Fire and Rescue Service] .

(5) An order under this paragraph suspending a licence shall have effect from the date on which it is made until whichever is the earlier of the following two dates—

(a) a date six weeks after the order was made;

(b) the date of any decision of the leasing authority whether or not to suspend [F25 or revoke] the licence under paragraph 11 above.

(6) A licensing authority may, whether upon an application made to them or not, recall an order made under this paragraph.

(7) A licensing authority shall, within 7 days of their decision under sub-paragraph (1) or (6) above, send written notice of their decision to the holder of the licence, the chief constable and, where the licence relates to an activity wholly or mainly carried on

[F26 (a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises] , to the [F27 Scottish Fire and Rescue Service] .

Textual Amendments

F23 Words in Sch. 1 para. 12(4) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(h)(i)

F24 Words in Sch. 1 para. 12(4)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F25 Words in Sch. 1 para. 12(5)(b) inserted (1.11.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 78(3)(c), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 5)

F26 Words in Sch. 1 para. 12(7) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(h)(ii)

F27 Words in Sch. 1 para. 12(7)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)