Coronavirus (Recovery and Reform) (Scotland) Act 2022

Civic licensing

Section 30: Civic licensing: how hearings may be held

112. This section makes similar provision to civic licensing as is made for alcohol licensing by section 32 of this Act (see paragraphs 117-120 below). A new paragraph 18B is inserted into schedule 1 of the Civic Government (Scotland) Act 1982 (“the 1982 Act”), giving a licensing authority the ability to hold a licensing hearing through remote facilities, as well as in person, or through a mixture of both (often called a “hybrid” format). Sub-paragraph (3) of paragraph 18B defines “remote facilities” for these purposes, a definition which would include telephones and video conferencing software.

113. Sub-paragraph (2) of paragraph 18B ensures that any views which participants at a licensing hearing may offer with regard to the appropriate format for the hearing must be taken into account by a licensing authority, prior to finalising its decision on the format. This applies to anyone who notifies the authority of their intention to participate, such as the licence holder or an objector.

114. Equivalent provision is then made for licensing hearings for sex shops and sexual entertainment venues by the insertion of a new paragraph 24B into schedule 2 of the 1982 Act.

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.