- Latest available (Revised)
- Point in Time (01/02/2008)
- Original (As enacted)
Version Superseded: 01/04/2013
Point in time view as at 01/02/2008. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Licensing (Scotland) Act 2005, Section 21 is up to date with all changes known to be in force on or before 21 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where a Licensing Board receives a premises licence application, the Board must give notice of the application to—
(a)each person having a notifiable interest in neighbouring land,
(b)any community council within whose area the premises are situated,
(c)the council within whose area the premises are situated (except where the council is the applicant),
(d)the appropriate chief constable, and
(e)the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.
(2)A notice under subsection (1) must be accompanied by a copy of the application.
(3)The appropriate chief constable must, within 21 days of the date of receipt of a notice under subsection (1)(d), respond to the notice by giving the Licensing Board—
(a)one or other of the notices mentioned in subsection (4), and
(b)a report detailing—
(i)all cases of antisocial behaviour identified within the relevant period by constables as having taken place on, or in the vicinity of, the premises, and
(ii)all complaints or other representations made within the relevant period to constables concerning antisocial behaviour on, or in the vicinity of, the premises.
(4)Those notices are—
(a)a notice stating that neither—
(i)the applicant, nor
(ii)in the cases where the applicant is neither an individual nor a council, or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,
has been convicted of any relevant offence or foreign offence, or
(b)a notice specifying any convictions of—
(i)the applicant, or
(ii)in any of the cases mentioned in paragraph (a)(ii), any connected person,
for a relevant offence or a foreign offence.
(5)Where the appropriate chief constable—
(a)proposes to give a notice under subsection (4)(b), and
(b)considers that, having regard to any conviction to be specified in the notice, it is necessary for the purposes of the crime prevention objective that the application be refused,
the chief constable may include in the notice a recommendation to that effect.
(6)In this section—
“antisocial behaviour” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8),
“neighbouring land” and, in relation to that expression, “notifiable interest” have such meanings as may be prescribed for the purposes of this section, and
“relevant period” means the period of one year ending with the date on which the appropriate chief constable receives notice under subsection (1)(d).
Modifications etc. (not altering text)
C1S. 21(5) applied (1.1.2008) by Licensing (Transitional and Saving Provisions) (Scotland) Order 2007 (S.S.I. 2007/454), arts. 1, 10(4)
Commencement Information
I1S. 21 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: