The Licensing (Scotland) Act 2005 (Transitional Provisions) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes transitional provision in relation to the introduction of the new licensing regime for the sale of alcohol under the Licensing (Scotland) Act 2005 (“the 2005 Act”), which will be fully operational from 1st September 2009.

In particular, this Order makes transitional provision in relation to personal licences under the 2005 Act. Article 2 provides that in certain circumstances, where various requirements are met, then a personal licence is deemed to be in effect, in relation to the premises manager or the person who is going to be the premises manager, from 1st September 2009. The circumstances are set out in article 2(3) to 2(6). Where those circumstances are present then the requirements in articles 3 to 5 have to be met. The deemed personal licence is only in effect until the earlier of 1st November 2009 or the date when the personal licence application is determined, and requires that an application for a personal licence is made no later than 31st August 2009.

Article 3 provides that the premises licence holder or the applicant for such a licence must provide the Licensing Board responsible for those premises with certain information no later than 31st August 2009. Article 3(2) states that the information required can – where the Licensing Board consents – be supplied by electronic transmission, but must be in the form set out in the Schedule.

Article 4 requires that the person who is the premises manager or, where appropriate, the individual who is to be the premises manager has submitted an application for a personal licence under s.72 of the 2005 Act to a Licensing Board no later than 31st August 2009. Section 72 provides that the application be submitted to the Licensing Board where the individual is ordinarily resident or, in any other case, to any Licensing Board.

Article 5 requires that where the application for the personal licence is submitted then evidence that the applicant possesses a licensing qualification must accompany it.

Article 6 provides that the premises licence holder or applicant for a premises licence can only gain the advantage of a deemed personal licence on one occasion in relation to one premises manager or individual who is to be the premises manager.

Article 7 applies the provisions of the 2005 Act to the deemed personal licence as if it were a personal licence issued under the 2005 Act but with some modifications to reflect the transitional nature of the deemed licence.