The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 9 and Transitional Provisions) Order 2019

This Order brings into force sections 74 and 76 of the provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”). In a prior commencement order section 76 was commenced but only for the purpose of allowing certain orders to be made.

The Theatres Act 1968 (“the 1968 Act”) provides a licensing regime for premises which are used for the public performance of plays. Section 41 of the Civic Government (Scotland) Act 1982 (“the 1982 Act”) provides a discretionary licensing regime for places of public entertainment and the definition of “place of public entertainment” in section 41(2) specifically excludes premises which are licensed under the 1968 Act. Prior to the commencement of section 74 of the 2015 Act, theatres require to be licensed under the 1968 Act and cannot be brought into the public entertainment licensing regime under the 1982 Act.

Section 74 of the 2015 Act amends the 1968 Act so as to repeal the theatre licensing regime under that Act. Section 74 also amends section 41 of the 1982 Act so as to remove the exclusion of theatres from the definition of “place of public entertainment” thereby enabling a local authority to resolve under section 9 of the 1982 Act to license theatres under its public entertainment licensing regime.

Article 2(1) of this Order brings section 74(1) into force on 26 April 2019, amending section 41 of the 1982 Act and thereby enabling local authorities to make a resolution under section 9 of the 1982 Act to license theatres under their public entertainment licensing regime if they so choose. Article 2(2) of this Order brings the remainder of section 74 into force on 27 January 2021, repealing the theatre licensing regime in the 1968 Act. This will enable local authorities to introduce a public entertainment licensing regime for theatres, be that through the variation of an existing public entertainment licensing regime or otherwise.

Article 3 of this Order makes transitional provision to ensure that the introduction of a public entertainment licensing regime for theatres under the 1982 Act cannot take place before the 1968 Act licensing regime comes to a complete end. This will prevent any overlap between theatre licences granted under the 1968 Act and public entertainment licences granted under the 1982 Act.

Section 16 of the Interpretation Act 1978 (read alongside section 23A of that Act) provides that the repeal of an enactment does not affect any right, privilege, obligation or liability acquired under that enactment. This means that the repeal of the 1968 licensing regime does not result in the automatic cessation of the licences granted under that regime. Article 3(1) of this Order makes transitional provision which states that all theatre licences granted under the 1968 Act will cease to have effect on the same day as the 1968 Act licensing regime is repealed.

The delayed repeal of the 1968 Act licensing regime could create the possibility of a resolution to license theatres via the public entertainment licensing regime being brought into force prior to the repeal of the 1968 Act licensing regime. Article 3(2) of this Order makes transitional provision which states that a resolution made under section 9 to require a licence for the use of premises for the public performance of any play cannot come into effect prior to the repeal of the 1968 Act licensing regime on 27 January 2021.

Section 76 of the 2015 Act adds new sections 45A to 45C to the 1982 Act in order to introduce a discretionary licensing regime for sexual entertainment venues. Section 76 also amends section 41 of the 1982 Act to specifically exclude sexual entertainment venues from the definition of places of public entertainment so that a public entertainment licence cannot also be required for those venues. Article 2(1) of this Order brings section 76 into force on 26 April 2019. A sexual entertainment venue licence will only be required where a local authority makes a resolution in these terms under new section 45B of the 1982 Act. Accordingly, no transitional provisions are considered necessary.

The Bill for the 2015 Act received Royal Assent on 4 August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the 2015 Act came into force on the following day.