PART 3CIVIC LICENSING

Miscellaneous and general

I179Procedure for hearings

1

The 1982 Act is amended as follows.

2

In Schedule 1 (licensing: further provisions as to the general system), after paragraph 18 insert—

18APower to make provision about hearings

1

The Scottish Ministers may by regulations make provision as to the procedure to be followed at, or in connection with, any hearing to be held by a licensing authority under this Schedule.

2

Regulations under this paragraph may, in particular, make provision—

a

for notice of the hearing to be given to such persons as may be prescribed in the regulations,

b

about the rules of evidence which are to apply for the purposes of the hearing,

c

about the representation of any party at the hearing,

d

as to the times by which any step in the procedure must be taken, and

e

as to liability for expenses.

3

Regulations under this paragraph may make different provision for different purposes including, in particular, different types of licence.

4

Regulations under this paragraph are subject to the negative procedure.

3

In Schedule 2 (control of sex shops and sexual entertainment venues), after paragraph 24 insert—

24APower to make provision about hearings

1

The Scottish Ministers may by regulations make provision as to the procedure to be followed at, or in connection with, any hearing to be held by a local authority under this Schedule.

2

Regulations under this paragraph may, in particular, make provision—

a

for notice of the hearing to be given to such persons as may be prescribed in the regulations,

b

about the rules of evidence which are to apply for the purposes of the hearing,

c

about the representation of any party at the hearing,

d

as to the times by which any step in the procedure must be taken, and

e

as to liability for expenses.

3

Regulations under this paragraph may make different provision for different purposes, including, in particular, different types of licence.

4

Regulations under this paragraph are subject to the negative procedure.