[F13AMandatory licence conditionsS
(1)The Scottish Ministers may by order made by statutory instrument prescribe conditions to which licences granted by licensing authorities under this Act are to be subject.
(2)Different conditions may be prescribed under subsection (1)—
(a)in respect of different licences, or different types of licence,
(b)otherwise for different purposes, circumstances or cases.
(3)No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.
(4)Subsection (1) does not affect any other power of the Scottish Ministers under this Act or any other enactment to prescribe conditions—
(a)to which licences granted by licensing authorities under this Act are to be subject, or
(b)to be imposed by licensing authorities in granting or renewing licences under this Act.
(5)The following conditions are referred to in this Part and Part 2 of this Act as “mandatory conditions”—
(a)conditions prescribed under subsection (1),
(b)conditions prescribed under any power referred to in subsection (4), and
(c)conditions imposed, or required to be imposed, by any provision of this Part or Part 2 of this Act.
(6)In this section and section 3B, references to licences granted by licensing authorities include references to—
(a)licences renewed by licensing authorities, and
(b)licences deemed by virtue of section 3(4) to be granted or renewed by licensing authorities.]
Textual Amendments
F1Ss. 3A, 3B inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 172(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)