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Licensing (Scotland) Act 2005
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Changes over time for: Section 39
Version Superseded: 01/10/2022
Alternative versions:
- 01/02/2008- Amendment
- 15/05/2017- Amendment
- 07/04/2020- Amendment
- 07/04/2020
Point in time - 01/10/2022- Amendment
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Licensing (Scotland) Act 2005, Section 39 is up to date with all changes known to be in force on or before 28 December 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.
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39Licensing Board's powers on reviewS
This section has no associated Explanatory Notes
(1)At a review hearing in relation to any premises licence, the Licensing Board may, if satisfied that a ground for review is established (whether or not on the basis of any circumstances alleged in the premises licence review proposal or application considered at the hearing) take such of the steps mentioned in subsection (2) as the Board considers necessary or appropriate for the purposes of any of the licensing objectives.
[F1(1A)Subsection (1) is subject to subsection (2A).]
(2)Those steps are—
(a)to issue a written warning to the licence holder,
(b)to make a variation of the licence,
(c)to suspend the licence for such period as the Board may determine,
(d)to revoke the licence.
[F2(2A)Where, at a review hearing in relation to any premises licence, the Licensing Board are satisfied that the ground for review specified in section 36(3)(za) is established, the Board must revoke the licence.
(2B)Subject to section 39B, a revocation under subsection (2A) takes effect at the end of the period of 28 days beginning with the day on which the Board makes the decision.]
(3)On making a variation under subsection (2)(b), the Board may provide for the variation to apply only for such period as they may determine.
[F3(3A)Where a Licensing Board determines under section 133(3A) that a review hearing cannot be held in person—
(a)subsection (1) of this section is to have effect as if for “At a review hearing” there were substituted “ After having complied with section 133(3C) ”, and
(b)subsection (2A) of this section is to have effect as if for “at a review hearing” there were substituted “ after having complied with section 133(3C) ”.]
Textual Amendments
F1S. 39(1A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(4)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
F2S. 39(2A)(2B) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 45(4)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
F3S. 39(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 2(4) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))
Commencement Information
I1S. 39 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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