I1

E1

C3

C1C2C4C5C6 Part I Licensing—General Provisions

Annotations:
Modifications etc. (not altering text)
C1

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 (which S.I. was revoked (7.6.2000) by S.S.I. 2000/177, art. 9)

C2

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)

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

b

subject to the following provisions of this section, reach a final decision on the application within the period of F86 monthsF89 months beginning with the end of the 3 month period referred to in paragraph (a).

2

On summary application by the licensing authority within the F96 monthF99 month period referred to in subsection (1) above, the sheriff may, if it appears to him that there is good reason to do so, extend that period as he thinks fit.

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—

a

the F106 monthF109 month period referred to in subsection (1) above, or

b

such further period as the sheriff may have specified on application under subsection (2) above,

the licence F4... shall be deemed to have been granted F5, renewed or, as the case may be, variedF1... on the date of such expiry F6....

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.