Article 3
SCHEDULEAPPLICATION OF PART I OF THE ACT
This schedule has no associated Executive Note
1. Part I of the Act shall have effect subject to the modifications in paragraphs 2 to 5 of this Schedule.
2. In section 6 (powers of entry to and search of unlicensed premises)–
(a)in subsections (1) and (2), after “constable” in each place insert “(or any authorised officer of the licensing authority)”;
(b)in subsection (3)–
(i)after “uniform” insert “(and where the person executing the warrant is an authorised officer of a licensing authority, that officer)”; and
(ii)after “constable” where it second occurs insert “(or such authorised officer of the licensing authority)”; and
(c)in subsection (4)()–
(i)after “constable” where it first occurs insert “(or authorised officer of the licensing authority)”; and
(ii)after “constable” where it second occurs insert “(or such authorised officer)”.
3. In paragraph 5 (disposal of applications for the grant and renewal of licences) of Schedule 1()–
(a)in sub-paragraph (1)(a), for “unconditionally” substitute “subject to the mandatory conditions specified in sub-paragraph (1A) below”;
(b)in sub-paragraph (1)(b), for “conditions” substitute “those mandatory conditions and such conditions as are specified in sub-paragraph (2) below”; and
(c)after sub-paragraph (1), insert–
“(1A) The mandatory conditions referred to in sub-paragraph (1)(a) above are–
(a)that a record be kept of every booking for the hire of a relevant vehicle taken at the relevant premises;
(b)that a record be kept of–
(i)the registration number of the vehicle which was hired as the result of a booking taken at the relevant premises; and
(ii)the name of its driver at the time of that hire; and
(c)that the holder of the licence shall take all reasonable steps to ensure that any booking taken at the relevant premises from a member of the public for the hire of a relevant vehicle results in the hire of a vehicle which is–
(i)a relevant vehicle; and
(ii)being driven by a person who holds a licence granted under section 13 of the Act() and that licence is in effect.”.
4. After paragraph 19 (interpretation) of Schedule 1 insert–
“20. In this Schedule, “relevant premises” and “relevant vehicle” have the same meaning as in the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009.”.