Coronavirus (Recovery and Reform) (Scotland) Act 2022 Explanatory Notes

The Act: Overview

Part 3: Public Service Reform

Civic licensing

Section 31: Civic licensing: how notices may be published

115.Schedule 1 of the 1982 Act provides that licensing authorities must give public notice of certain applications that are made to them and may give public notice in other cases. This is to be given by publication of a notice in a newspaper or newspapers circulating in the area of the licensing authority (as per paragraph 2(8) of schedule 1). Similarly, schedule 2 of the 1982 Act requires applicants for the grant or renewal of a sex shop licence to give notice of the application by publishing an advert in a newspaper specified by the local authority to supply a copy of the advert to the local authority (as per paragraph 7(1)-(2) of schedule 2). Section 45B of the 1982 Act then applies the same requirements (with certain modifications, including one relating to giving notice electronically, which section 31(2) supersedes) to the licensing of sexual entertainment venues.

116.Schedule 6 of the Coronavirus (Scotland) Act 2020 temporarily modified these notice requirements in the 1982 Act in order to allow notice to be given by publication of a notice on the local authority’s website (in the case of sex shops and sexual entertainment venues) or the licensing authority’s website (in the case of other civic licensing). Section 31 of this Act gives these modifications permanent effect.

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