SCHEDULES
C1SCHEDULE 1 Licensing—Further Provisions as to the General System
Temporary licences
7
1
A licensing authority may grant a licence to have effect for such period not exceeding 6 weeks from its being granted as they may determine, and such a licence shall be known as a “temporary licence”.
2
This Schedule shall apply with the modifications specified in sub-paragraphs (3) to (5) below in relation to applications for temporary licences.
3
Paragraphs 1(3), 2 to 4, and 5(1), (2) F2, (2A) and (4) to (6) shall not apply, but in relation to each application for a temporary licence the licensing authority—
a
shall consult the chief constable and, where the application relates to an activity wholly or mainly to be carried on
F3i
in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;
ii
in any other premises , the F1appropriate relevant authority ; and
b
may F4, subject to sub-paragraph (3A) below, grant it subject to such conditions as they think fit.
F53A
The conditions referred to in paragraph (b) of sub-paragraph (3) above shall not relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of Part 3 of the Fire (Scotland) Act 2005 (asp 5).
4
Paragraph 6 shall not apply so as to prevent a licensing authority from entertaining an application for the grant of a licence where they have, within one year, refused an application from the same applicant for a temporary licence for the same activity.
5
Paragraphs 8, 9, 10 and 18 shall not apply.
6
A temporary licence shall not be capable of being renewed but, where the holder of or the applicant for a temporary licence has also made an application for a licence under paragraph 1 above in respect of the same activity, the temporary licence, if granted, shall continue to have effect until—
a
the licence applied for under paragraph 1 has been granted, whether as a result of an appeal under paragraph 18 below or not, or has been deemed to have been granted; or
b
where the licensing authority have refused that application, the time within which an appeal under paragraph 18 below against that decision may be made has elapsed; or
c
when such an appeal has been lodged, it has been abandoned or determined.
Sch. 1: power to apply conferred (18.11.1996) by 1996 c. 58, ss. 33(3), 48(6)