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Licensing (Scotland) Act 2005
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Licensing (Scotland) Act 2005, Section 99 is up to date with all changes known to be in force on or before 15 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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Changes and effects yet to be applied to Section 99:
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
99Extension of emergency closure orderS
This section has no associated Explanatory Notes
(1)Where an emergency closure order is in effect in respect of any licensed premises, a [F1constable of or above the rank of inspector] may—
(a)before the expiry of the period during which the order has effect (referred to in this section as the “original closure period”), and
(b)if the [F2constable] reasonably believes that the conditions mentioned in subsection (2) are met in relation to the premises,
extend the original closure period for a further period not exceeding 24 hours.
(2)The conditions referred to in subsection (1)(b) are—
(a)that there continues to be, or is likely to continue to be, disorder on, or in the vicinity of, the premises,
(b)that extending the original closure period is necessary in the interests of public safety, and
(c)the risk to public safety continues to be such that it is necessary to extend the original closure period immediately and without making an application under section 97(1).
(3)An extension under subsection (1) has no effect in relation to any licensed premises unless a constable has, before expiry of the original closure period, given notice of the extension to a responsible person.
Textual Amendments
F1Words in s. 99(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 193(4)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
F2Word in s. 99(1)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 193(4)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I1S. 99 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3
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