SCHEDULES

SCHEDULE 2 Control of Sex Shops

Variation of licences

15

1

A F1local 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 and such variation shall come into force on such date as they may specify.

2

A F1local 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 the F4Scottish Fire and Rescue Service 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 F1authority on that day.

F22A

Where the proposed variation is in respect of a licence which relates to any premises, vehicle, vessel or stall to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, sub-paragraph (2)(a) above applies as if the reference to the F5Scottish Fire and Rescue Service were a reference to the enforcing authority.

3

A F1local 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 F1local authority 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.

F74A

Sub-paragraph (4) does not apply to a deemed variation of the terms of a licence under section 45D(4).

5

A F1local 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, the chief constable and F3either the enforcing authority where Part 3 of that Act applies in relation to the premises, vehicle, vessel or stall or, where Part 3 of that Act does not so apply, the F6Scottish Fire and Rescue Service .