SCHEDULE 1MODIFICATIONS OF PUBLIC GENERAL ACTS
The Licensing (Scotland) Act 1976 (c. 66)
8.
(1)
The Licensing (Scotland) Act 1976 is amended as follows.
(2)
(3)
In section 23 (special provisions relating to applications for a new licence)–
(a)
“(a)
where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies (or, in the case of an application for the provisional grant of a licence in respect of premises whose construction is to be completed, would apply) to the premises to which the new licence relates, the enforcing authority;
(b)
in any other case, the fire and rescue authority for the area in which the premises are, or (as the case may be) will be, situated.”; and
(b)
(4)
“(a)
where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises to which the application for such renewal relates, the enforcing authority;
(b)
in any other case, the fire and rescue authority for the area in which those premises are situated.”.
(5)
“(a)
where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to premises in respect of which such consent is sought, the enforcing authority;
(b)
in any other case, the fire and rescue authority for the area in which those premises are situated.”.
(6)
“(c)
where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies to the premises to which the application relates, the enforcing authority or, in any other case, the fire and rescue authority for the area in which those premises are situated.”.
(7)
In section 139(1), after the definition of “enactment” insert–
“enforcing authority” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5);”.