Civic Government (Scotland) Act 1982

Temporary licences S

7 (1) A licensing authority may grant a licence to have effect for such period not exceeding 6 weeks from its being granted as they may determine, and such a licence shall be known as a “temporary licence”. S

(2) This Schedule shall apply with the modifications specified in sub-paragraphs (3) to (5) below in relation to applications for temporary licences.

(3) Paragraphs 1(3), 2 to 4, and 5(1), (2) [F1 , (2A)] and (4) to (6) shall not apply, but in relation to each application for a temporary licence the licensing authority—

(a) shall consult the chief constable and, where the application relates to an activity wholly or mainly to be carried on

[F2 (i) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii) in any other premises] , the [F3 appropriate relevant authority] ; and

(b) may [F4 , subject to sub-paragraph (3A) below,] grant it subject to such conditions as they think fit.

[F5 (3A) The conditions referred to in paragraph (b) of sub-paragraph (3) above shall not relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of Part 3 of the Fire (Scotland) Act 2005 (asp 5).]

(4) Paragraph 6 shall not apply so as to prevent a licensing authority from entertaining an application for the grant of a licence where they have, within one year, refused an application from the same applicant for a temporary licence for the same activity.

(5) Paragraphs 8, 9, 10 and 18 shall not apply.

(6) A temporary licence shall not be capable of being renewed but, where the holder of or the applicant for a temporary licence has also made an application for a licence under paragraph 1 above in respect of the same activity, the temporary licence, if granted, shall continue to have effect until—

(a) the licence applied for under paragraph 1 has been granted, whether as a result of an appeal under paragraph 18 below or not, or has been deemed to have been granted; or

(b) where the licensing authority have refused that application, the time within which an appeal under paragraph 18 below against that decision may be made has elapsed; or

(c) when such an appeal has been lodged, it has been abandoned or determined.

Textual Amendments

F1 Words in Sch. 1 para. 7(3) inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(c)(i)

F2 Words in Sch. 1 para. 7(3)(a) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(c)(ii)

F3 Words in Sch. 1 para. 7(3)(a) substituted (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 7(2)(3)(d)

F4 Words in Sch. 1 para. 7(3)(b) inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(c)(iii)

F5 Sch. 1 para. 7(3A) inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(6)(d)