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Licensing (Scotland) Act 2005
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Changes over time for: Section 92
Alternative versions:
- 01/02/2008- Amendment
- 13/12/2010- Amendment
- 01/11/2011
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Changes to legislation:
Licensing (Scotland) Act 2005, Section 92 is up to date with all changes known to be in force on or before 24 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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92Theft, loss etc. of personal licenceS
This section has no associated Explanatory Notes
(1)This section applies where the Licensing Board which issued a personal licence receives from the holder of the licence an application for a replacement personal licence.
(2)If satisfied that—
(a)the personal licence held by the applicant has been lost, stolen, damaged or destroyed, and
(b)where it has been lost or stolen, the applicant has reported the loss or theft to the police,
the Licensing Board must issue to the applicant a replacement personal licence.
(3)A replacement personal licence is a copy of the personal licence held by the applicant—
(a)in the form in which it existed immediately before it was lost, stolen, damaged or destroyed, and
(b)certified by the Board to be a true copy.
[F1(3A)A replacement personal licence is void if at the time it is issued the personal licence in respect of which it was issued is not lost, stolen, damaged or destroyed.
(3B)Where a replacement personal licence is issued in respect of a personal licence which has been lost or stolen, the replacement personal licence becomes void if the personal licence is subsequently found or recovered.
(3C)A person who holds a void replacement personal licence must surrender it to the Licensing Board.
(3D)A person who, without reasonable excuse, fails to comply with subsection (3C) commits an offence.
(3E)A person who passes off a void replacement personal licence as a valid licence, knowing that the licence is void, commits an offence.
(3F)A person guilty of an offence under subsection (3D) or (3E) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
(4)In this Act, references to a personal licence include references to a replacement personal licence issued under this section.
Textual Amendments
F1S. 92(3A)-(3F) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(4), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I1S. 92 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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