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Licensing (Scotland) Act 2005
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Changes over time for: Section 21
Changes to legislation:
Licensing (Scotland) Act 2005, Section 21 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 21:
- specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
21Notification of applicationS
This section has no associated Explanatory Notes
(1)Where a Licensing Board receives a premises licence application, the Board must give notice of the application to—
(a)each person having a notifiable interest in neighbouring land,
(b)any community council within whose area the premises are situated,
(c)the council within whose area the premises are situated (except where the council is the applicant),
[F1(ca)the relevant health board,]
(d)the [F2chief constable], and
(e)the enforcing authority within the meaning of section 61 of the Fire (Scotland) Act 2005 (asp 5) in respect of the premises.
[F3(2)On giving notice of an application under subsection (1), the Licensing Board—
(a)must provide the [F4chief constable] with a copy of the application, and
(b)may provide any other person to whom notice is given with a copy of the application.]
(3)The [F5chief constable] must, within 21 days of the date of receipt of a notice under subsection (1)(d), respond to the notice by giving the Licensing Board—
(a)one or other of the notices mentioned in subsection (4), F6...
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Those notices are—
(a)a notice stating that neither—
(i)the applicant, nor
(ii)in the cases where the applicant is neither an individual nor a council, or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,
has been convicted of any relevant offence or foreign offence, or
(b)a notice specifying any convictions of—
(i)the applicant, or
(ii)in any of the cases mentioned in paragraph (a)(ii), any connected person,
for a relevant offence or a foreign offence.
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In this section—
F9...
“neighbouring land” and, in relation to that expression, “notifiable interest” have such meanings as may be prescribed for the purposes of this section, F10...
F11...
Textual Amendments
F1S. 21(1)(ca) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 11(4), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
F2Words in s. 21(1)(d) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F3S. 21(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(2), 206(1); S.S.I. 2010/413, art. 2, Sch.
F4Words in s. 21(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F5Words in s. 21(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F6Word in s. 21(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(3)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
F7S. 21(3)(b) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.
F8S. 21(5) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 3; S.S.I. 2010/413, art. 2, Sch.
F9Definition in s. 21(6) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(4)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.
F10Word in s. 21(6) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(4)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.
F11Definition in s. 21(6) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 180(4)(c), 206(1); S.S.I. 2010/413, art. 2, Sch.
Commencement Information
I1S. 21 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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