Civic Government (Scotland) Act 1982

Duration of licences

12 (1) Subject to and in accordance with the provisions of this paragraph, a licence shall come into force on being granted by the district or islands council or on such later date as they may specify as a condition of the licence and shall continue in force on being renewed by them.

(2) Subject to the provisions of this paragraph, a licence shall have effect—

(a) for a period of one year from the date when it comes into force ; or

(b) for such shorter period as the district or islands council may decide at the time when they grant or renew the licence.

(3) If an application for the renewal of a licence is made before its expiry the existing licence shall continue to have effect until a final decision on the application is taken by the district or islands council.

(4) In the event of the death of the holder of a licence granted under this Schedule, the licence shall be deemed to have been granted to his executor and shall, unless previously revoked or surrendered, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the district or islands council may from time to time, on the application of the executor, extend or further extend that period if they are satisfied that the extension is necessary for the purpose of winding up the deceased's estate and that no other circumstances make it undesirable.

(5) Where a relevant objection or representation has been made in relation to an application for the grant of a licence, that licence shall not come into force until—

(a) the time within which an appeal under paragraph 24 below against the grant of the licence may be made has elapsed; or

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

(6) Notwithstanding that an application for renewal of a licence has been refused by a district or islands council, the existing licence shall continue in force until—

(a) the time within which an appeal under paragraph 24 below against the refusal to renew may be made has elapsed ; or

(b) where such an appeal has been lodged, it has been abandoned or determined against the applicant or, if determined in favour of the applicant, the time when the licence is renewed.

(7) This paragraph is subject to paragraphs 13, 15 and 16 below.