C1C2C4C5C6 Part I Licensing—General Provisions
Pt. 1 applied (with modifications) (7.6.2000) by S.S.I. 2000/177, art. 4, Sch. (as amended (1.10.2003) by S.S.I. 2003/463, art. 6)
Pt. 1 applied (with modifications) (2.2.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43), arts. 1(1), 3, sch.
Pt. 1 applied (with modifications) (3.4.2009) by The Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 (S.S.I. 2009/145), arts. 1(1), 3, sch.
Pt. 1 modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. 1, 5 (with reg. 3)
3 Discharge of functions of licensing authorities.
1
For the purpose of the discharge of their functions under this Part of this Act, every licensing authority F7must—
a
consider each relevant application made to them within the period of 3 months beginning with the date on which the application was made, and
2
3
The applicant shall be entitled to be a party to a summary application under subsection (2) above.
4
Where the licensing authority have failed to reach a final decision on the application before the expiry of—
b
such further period as the sheriff may have specified on application under subsection (2) above,
F24A
A licence deemed to have been granted or renewed under subsection (4) is—
a
in the case of a temporary licence, to remain in force for the duration of the period sought in the application (up to a maximum period of 6 weeks), or
b
in any other case, to remain in force for the period of one year.
4B
A variation of the terms of a licence deemed to have been granted under subsection (4) is to have effect for the remaining period of the licence.
4C
Subsections (4) and (4B) do not affect—
a
the powers of revocation under section 7(6)(a),
b
paragraph 8(5) of Schedule 1 (which relates to renewals of existing licences),
c
the powers of variation under paragraph 10 of that Schedule, or
d
the powers of suspension and revocation under paragraphs 11 and 12 of that Schedule.
F35A
The deemed grant, renewal or variation of the terms of a licence under subsection (4) is, for the purposes of Schedule 1, to be treated as a decision of the licensing authority to grant, renew or vary the terms of a licence.
5B
For the purposes of this section, a “relevant application” is an application under paragraph 1, 7 or 10 of Schedule 1.
Pt. 1 modified (3.6.1991) by S.I. 1991/1253, art. 3(2), Sch. (which S.I. was revoked (7.6.2000) by S.S.I. 2000/177, art. 9)