The Licensing (Personal Licences: Supplemental and Transitional Provision) (Scotland) Order 2019

Document Number:2019 No. 177
Coming into force:Coming into force on the 30/06/2019
 
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Scottish Statutory Instruments

Licensing (liquor)

Made

16 th May 2019

Laid before the Scottish Parliament

20 th May 2019

Coming into force

30 th June 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 145 and 146(2) and (3) of the Licensing (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

  1. —(1) This Order may be cited as the Licensing (Personal Licences: Supplemental and Transitional Provision) (Scotland) Order 2019 and comes into force on 30 June 2019.

    (2) In this Order—

    “the Act” means the Licensing (Scotland) Act 2005 ,

    “relevant personal licence” means a personal licence issued—

    during the transitional period, or

    on 1 September 2009 (other than during the transitional period) ,

    “the transitional period” has the meaning given in article 2 of the Licensing (Transitional and Saving Provisions) (Scotland) Order 2007(2).

    Period of effect of a relevant personal licence

  2. —(1) Paragraph (2) applies where a personal licence renewal application is made to a Licensing Board in respect of a relevant personal licence on or before 31 May 2019 and the Board has not determined the application before 1 September 2019.

    (2) Despite section 77(1) of the Act (period of effect of personal licence) , the licence continues to have effect until the earlier of—

    (a) the expiry of the period of 28 days beginning with the day after the day on which the Board determines the application, or

    (b)29 February 2020.

    ASH DENHAM

    Authorised to sign by the Scottish Ministers

    St Andrew’s House,

    Edinburgh

    16 th May 2019

    EXPLANATORY NOTE

    (This note is not part of the Order)

    This Order makes provision in respect of relevant personal licences issued under the Licensing (Scotland) Act 2005 (“the 2005 Act”).

    Under section 77(1) of the 2005 Act a personal licence has effect during the period of 10 years beginning with the date on which it is issued. That is subject to the remaining subsections of section 77. Personal licence holders may apply to the Licensing Board for renewal of their licence under section 78 of the 2005 Act (“a renewal application”). Where such an application is granted, section 77(2) provides that the period of effect of the licence is extended for a further period of 10 years. This means that the personal licence does not expire at the end of the 10 year period mentioned in section 77(1) but continues for a further 10 year period. It is possible to...

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