Licensing (Scotland) Act 2005

Proceedings S

12 [F1 (A1) A Licensing Board may determine that a meeting is to be held— S

(a) in person,

(b) wholly through the use of remote facilities, or

(c) partly in person and partly through the use of remote facilities.

(A2) When determining how a meeting is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the meeting.]

(1) The quorum for a meeting of a Licensing Board is one half of the number of members (but in any case not fewer than 3).

(2) Subject to sub-paragraph (3), meetings of a Licensing Board must be held in public.

[F2 (2A) Where a meeting is held wholly or partly through the use of remote facilities, a Licensing Board complies with the requirement mentioned in sub-paragraph (2) by enabling the public to observe the meeting through the use of remote facilities (for example, by making a web link to the meeting publicly available).]

(3) The members of a Licensing Board may, before the Board decides any matter, conduct their deliberations on the matter in private.

(4) The Scottish Ministers may by regulations make further provision about the proceedings of Licensing Boards including, in particular, provision as to—

(a) the times by which applications to a Board under this Act, and other business to be considered by a Board, are to be determined or considered,

(b) the publicising of meetings of a Board, and

(c) public access to any agenda and record of, and other information concerning, a meeting of a Board.

(5) Subject to—

(a) the other provisions of this paragraph, and

(b) any regulations made under sub-paragraph (4),

the arrangements for meetings of a Licensing Board, and other matters relating to proceedings of the Board, are to be such as the Board may by rules provide.

(6) A Licensing Board must ensure that any rules made by them under sub-paragraph (5) are published.

[F3 (7) In this paragraph, “remote facilities” means any equipment or facility which—

(a) enables persons who are not in the same place to participate in the meeting, and

(b) enables those persons to speak to and be heard by each other (whether or not it enables those person to see and be seen by each other).]

Textual Amendments

F1 Sch. 1 para. 12(A1)(A2) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 32(3)(a), 59(1)

F2 Sch. 1 para. 12(2A) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 32(3)(b), 59(1)

F3 Sch. 1 para. 12(7) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 32(3)(c), 59(1)

Commencement Information

I1 Sch. 1 para. 12 in force at 1.5.2007 by S.S.I. 2007/129, art. 3, Sch.