Civic Government (Scotland) Act 1982

5(1)Any person who—

(a)uses in any area any premises, vehicle, vessel or stall as a sex shop; or

(b)proposes to do so,

may apply to the district or islands council for the area for them to waive the requirement of a licence.

(2)An application under this paragraph may be made either as part of an application for a licence under this Schedule or without any such application.

(3)An application under this paragraph shall be made in writing and shall contain the particulars specified in paragraph 6(2) to (6) below and such particulars as the district or islands council may reasonably require in addition.

(4)The district or islands council may waive the requirement of a licence in any case where they consider that to require a licence would be unreasonable or inappropriate.

(5)A waiver may be for such period as the district or islands council think fit.

(6)Where the district or islands council grant a waiver, they shall notify the chief constable and the applicant for the waiver that they have granted the application.

(7)The district or islands council may at any time give a person who would require a licence but for a waiver notice that the waiver is to terminate on such date, not less than 28 days from the date on which they gave the notice, as may be specified in the notice.

(8)The district or islands council shall give the chief constable a copy of any notice given by them under sub-paragraph (7) above.