Licensing (Scotland) Act 2005

44 Procedure where Licensing Board receives notice of conviction S

(1) This section applies where the Licensing Board which issued a premises licence receives a notice of conviction relating to—

(a) the holder of the licence, or

(b) where—

(i) the holder of the licence is neither an individual nor a council, or

(ii) the premises in respect of which the licence is held are used wholly or mainly for the purposes of a club,

a connected person.

(2) The Licensing Board must give notice of the conviction to the [F1 chief constable].

(3) The [F2 chief constable] must, within 21 days of the date of receipt of a notice under subsection (2), [F3 or within such longer period as the chief constable considers reasonable in the circumstances because of a reason relating to coronavirus,] respond to the notice by giving the Licensing Board one or other of the notices mentioned in subsection (4).

[F4 (3A) Where the chief constable is not going to respond to a notice within the 21 day period referred to in subsection (3), the chief constable must inform the Licensing Board of—

(a) that fact, and

(b) the time period within which the chief constable expects to respond.]

(4) Those notices are—

(a) a notice stating that the chief constable is unable to confirm the existence of the conviction or that the conviction does not relate to a relevant or foreign offence, or

(b) a notice confirming the existence of the conviction and that it relates to a relevant or foreign offence.

(5) Where the chief constable—

(a) proposes to give a notice under subsection (4)(b), and

(b) considers that, having regard to the conviction specified in the notice, it is necessary for the purposes of [F5 any of the licensing objectives] that the premises licence should be varied, suspended or revoked,

the chief constable may include in the notice a recommendation to that effect.

(6) If the Licensing Board receives from the [F6 chief constable] a notice under subsection (4)(a), the Licensing Board may not take any further action in relation to the conviction.

(7) If the Licensing Board receives from the [F7 chief constable] a notice under subsection (4)(b) [F8 which includes a recommendation under subsection (5)], the Licensing Board must make a premises licence review proposal in respect of the premises licence.

[F9 (7A) If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation under subsection (5), the Licensing Board must—

(a) make a premises licence review proposal in respect of the premises licence, or

(b) decide to take no further action in relation to the conviction.]

(8) In this section, “notice of conviction” means a notice under section 42(2) or 43(3).

Textual Amendments

F1 Words in s. 44(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2 Words in s. 44(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in s. 44(3) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(6)(a) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

F4 S. 44(3A) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 5 para. 6(6)(b) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

F5 Words in s. 44(5)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 8; S.S.I. 2010/413, art. 2, Sch.

F6 Words in s. 44(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7 Words in s. 44(7) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8 Words in s. 44(7) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 50(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

F9 S. 44(7A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 50(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with art. 5)

Commencement Information

I1 S. 44 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1