Civic Government (Scotland) Act 1982

15 (1) A [F1 local authority] may, at any time, whether or not upon an application made to them by the holder of the licence, vary the terms of a licence on any grounds they think fit and such variation shall come into force on such date as they may specify. S

(2) A [F1 local authority], before proceeding to vary the terms of a licence under sub-paragraph (1) above—

(a) shall, not later than 7 days before the day on which the proposed variation is to be considered, notify the holder of the licence, the chief constable and the [F2 Scottish Fire and Rescue Service] of the proposed variation; and

(b) shall give each of the persons mentioned in sub-paragraph (a) above an opportunity to be heard by the [F1 authority] on that day.

[F3 (2A) Where the proposed variation is in respect of a licence which relates to any premises, vehicle, vessel or stall to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, sub-paragraph (2)(a) above applies as if the reference to the [F4 Scottish Fire and Rescue Service] were a reference to the enforcing authority.]

(3) A [F1 local authority] shall have complied with sub-paragraph (2)(b) above if they have invited each of the persons whom they must notify under that sub-paragraph to attend and to be heard by the [F1 local authority] when the variation of the licence is to be considered.

(4) A variation in the terms of a licence shall come into force—

(a) when the time within which an appeal under paragraph 24 below may be made has elapsed; or

(b) where such an appeal has been lodged, when the appeal has been abandoned or determined in favour of the variation.

[F5 (4A) Sub-paragraph (4) does not apply to a deemed variation of the terms of a licence under section 45D(4).]

(5) A [F1 local authority] shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the holder of the licence, the chief constable and [F6 either the enforcing authority where Part 3 of that Act applies in relation to the premises, vehicle, vessel or stall or, where Part 3 of that Act does not so apply,] the [F7 Scottish Fire and Rescue Service] .

Textual Amendments

F1 Words in Sch. 2 para. 15(1)(2)(b)(3)(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(22)(h); S.I. 1996/323, art. 4(1)(c)

F2 Words in Sch. 2 para. 15(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(7); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Sch. 2 para. 15(2A) 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(7)(f)(i)

F4 Words in Sch. 2 para. 15(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(7); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5 Sch. 2 para. 15(4A) inserted (1.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 77(5), 88(2); S.S.I. 2016/307, art. 2, sch. (with art. 4)

F6 Words in Sch. 2 para. 15(5) 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(7)(f)(ii)

F7 Words in Sch. 2 para. 15(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(7); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)