F1PART 3ACIVIC LICENSING STANDARDS OFFICERS
45HGeneral functions of a civic licensing standards officer
1
The general functions of a civic licensing standards officer are—
a
to provide to any interested person information and guidance concerning the operation of Parts 1 to 3 in the officer's area,
b
to supervise the compliance by the holder of a licence granted under Parts 1 to 3 in the officer's area with—
i
the conditions of the licence, and
ii
the other requirements of Parts 1 to 3,
c
to provide mediation services for the purposes of avoiding or resolving disputes or disagreements between—
i
the holder of a licence granted under Parts 1 to 3 in the officer's area, and
ii
any other person,
concerning any matter relating to compliance with the conditions of the licence or the other requirements of Parts 1 to 3.
2
The function under subsection (1)(b) includes, in particular, power for a civic licensing standards officer, where the officer believes that a condition to which the licence is subject has been or is being breached—
a
to give a notice to the holder of the licence requiring such action to be taken to remedy the breach as may be specified in the notice, and
b
to refer the breach to the local authority which granted the licence for consideration at a meeting of the authority.
3
A civic licensing standards officer may only refer a breach of a condition under subsection (2)(b) if—
a
the officer has given notice under subsection (2)(a) and the holder of the licence has failed to comply with it, or
b
the officer considers that it is appropriate for the breach to be referred to the authority without such a notice being given.
4
In this section, a reference to an officer's area is a reference to—
a
the local authority area for which the officer is appointed under section 45G(1), or
b
where the officer is appointed for more than one local authority area, the area for which the officer is exercising a function at the relevant time.
Pt. 3A inserted (1.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 82, 88(2); S.S.I. 2016/307, art. 2, sch.