SCHEDULEAPPLICATION OF PART I OF THE ACT

Article 3

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)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 15–

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 Act6 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.