Air Weapons and Licensing (Scotland) Act 2015

55 Overprovision S

(1) The 2005 Act is amended as follows.

(2) In section 7 (duty to assess overprovision)—

(a) in subsection (2), after “Act” insert “ and in doing so the Board may determine that the whole of the Board's area is a locality ”,

(b) in subsection (3)—

(i) the word “must” is repealed,

(ii) at the beginning of paragraph (a) insert “ must ”,

(iii) the word “and” immediately following that paragraph is repealed,

(iv) after that paragraph insert—

“(aa) may have regard to such other matters as the Board thinks fit including, in particular, the licensed hours of licensed premises in the locality, and”,

(v) at the beginning of paragraph (b) insert “ must ”.

(3) In section 23(5)(e) (refusal of premises licence on grounds of overprovision)—

(a) for the words from “that,” where first occurring to “situated,” substitute “ that ”,

(b) for “that description,” substitute “ the same or similar description as the subject premises, ”.

(4) In section 30(5)(d) (refusal to vary premises licence on grounds of overprovision)—

(a) for the words from “that,” where first occurring to “situated,” substitute “ that ”,

(b) for “that description,” substitute “ the same or similar description as the subject premises (taking account of the variation), ”.

Commencement Information

I1 S. 55 in force at 30.9.2016 by S.S.I. 2016/132, art. 2(b) (with art. 4)