SCHEDULES

SCHEDULE 2Control of Sex Shops

Variation of licences

15

1

A district or islands council 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 and such variation shall come into force on such date as they may specify.

2

A district or islands council, 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 die licence, the chief constable and the fire authority of the proposed variation ; and

b

shall give each of the persons mentioned in sub-paragraph (a) above an opportunity to be heard by the council on that day.

3

A district or islands council 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 council when the variation of the licence is to be considered.

4

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

a

when the time within which an appeal under paragraph 24 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.

5

A district or islands council shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the holder of the licence, the chief constable and the fire authority.