Civic Government (Scotland) Act 1982Part I Licensing—General Provisions1 Application of Parts I and II of this Act.2 Licensing authorities.3 Discharge of functions of licensing authorities.3AMandatory licence conditions3BStandard licence conditions4 Further provisions as to licensing.5 Rights of entry and inspection.6 Powers of entry to and search of unlicensed premises.7 Offences, etc.8 Interpretation of Parts I and II.Part II Licensing and Regulation—Particular Activities9 Application of sections 10 to 27 and 38 to 44. Licensing and regulation of taxis and private hire cars10 Taxi and private hire car licences.11 Inspection and testing of vehicles.12 Fees for taxi and private hire car licences.13 Taxi and private hire car driving licences.13APersons disqualified by reason of immigration status14 Signs on vehicles other than taxis.15 Operation of taxis outside licensing areas.16 Journeys in England and Wales by vehicles and drivers licensed under this Act. 17 Taxi fares.18 Appeals in respect of taxi fares.18APublication and coming into effect of taxi fares19 Taxi stances.20 Regulations relating to taxis and private hire cars and their drivers.21 Offences.22Exemptions23 Interpretation of sections 10 to 22. Licensing and regulation of second-hand dealers24 Second-hand dealers’ licences.25 Disposal of stock-in-trade.26 Sellers of second-hand goods: offences etc.27 Functions of the court in relation to second-hand dealers convicted of offences.Licensing and regulation of knife dealers27AKnife dealers' licences27BApplications for knife dealers' licences: notice27CKnife dealers' licences: conditions27DProvision of information to holder of knife dealer's licence27EKnife dealers' licences: warrants to enter, search and seize articles27FPowers of constables and authorised officers27GPower to inspect documents27HSections 27E to 27G: interpretation27JForfeiture orders27KEffect of forfeiture order27LOffences by partnerships27MAppropriate licence required27NRemote sales of knives etc.27PSales and dispatches in different local authority areas27QDuty to avoid conflict between conditions of licences27ROffences in relation to knife dealers' licences: exceptions27SOrders under sections 27A to 27R Licensing and regulation of metal dealers28 Metal dealers: licensing and regulation.29 Metal dealers’ exemption warrants.30 Keeping of records.31 Retention of metal.32 Itinerant metal dealers.33 Receipts and invoices: itinerant metal dealers.33AAcceptable forms of payment for metal33BAcceptable forms of payment: meaning of “bank or building society account”33CRequirement to keep records33DForm of records33EMetal dealer to keep records for each place of business34 Offences relating to metal dealing.35 Functions of the court in relation to metal dealers convicted of offences.35ARegister of metal dealers and itinerant metal dealers36 Appropriate licence required.37 Interpretation of sections 28 to 36.37AExemptions Miscellaneous licences38 Boat hire licences.39 Street traders’ licences.40 Market operators’ licences.41 Public entertainment licences.41A Indoor sports entertainment licences.42 Late hours catering licences.43 Window cleaners’ licences.44 Additional activities.Part III Control of Sex Shops45 Control of sex shops.45ALicensing of sexual entertainment venues: interpretation45BLicensing of sexual entertainment venues45CStatements of policy in relation to sexual entertainment venues45DDeemed grant of applicationsConditions of licences granted under this Part45EMandatory licence conditions45FStandard licence conditionsPART 3ACIVIC LICENSING STANDARDS OFFICERS45GCivic licensing standards officers45HGeneral functions of a civic licensing standards officerPart IV Offences, Powers of Constables, etc. Offences of annoying, offensive, obstructive or dangerous behaviour46 Soliciting and importuning by prostitutes.47 Urinating etc.48 Dogs: fouling of pavements.49 Dangerous and annoying creatures.50 Drunkenness.51 Obscene material.51AExtreme pornography51BExtreme pornography: excluded images51CExtreme pornography: defences52 Indecent photographs etc. of children.52A Possession of indecent photographs of children.52BSections 52 and 52A: exceptions for photographs of 16 and 17 year olds52CSection 52B: proof of exceptions53 Obstruction by pedestrians.54 Playing instruments, singing, playing radios, etc.55 Touting.56 Fires. Preventive offences57 Being in or on building etc. with intent to commit theft.58 Convicted thief in possession. Powers of constables etc.59 Powers of arrest and apprehension.60 Powers of search and seizure.61 Protection of insecure premises.Part V Public Processions62 Notification of processions.63 Functions of regional and islands councils in relation to processions.64 Appeals against orders under section 63.65 Offences and enforcement.65AGuidance to local authorities66 Relationship of sections 62 to 65 with Public Order Act 1986.Part VI Lost and Abandoned Property67 Duty of finder.68 Functions of chief constable.69 Claims by owner etc. prior to disposal.70 Powers of chief constable regarding rewards.71 Right arising on disposal of property.72 Rights to compensation.73 No right of ownership conferred by finding.74 Living creatures.75 Stray dogs. 76 Appeal to sheriff.77 Financial provisions.78 Crown application of Part VI.79 Interpretation of Part VI.Part VII Property in Possession of Persons Taken into Police Custody80 Application of Part VII to property.81 Chief constable to take charge of property.82 Provision as to property where the person in custody is the owner etc.83 Provision as to property where the person in custody is not the owner etc.84 Appeal to sheriff.85 Financial provisions: property of persons in custody.86 Interpretation and Crown application of this Part.Part VIIA Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply86A Application of Part VIIA to property.86B Certification by prosecutor.86C Claims by owner etc. prior to disposal.86D Duty of care etc.86E Disposal of relevant property.86F Retention of relevant property by Scottish Police Authority86G Appeals.86H Crown application of Part VIIA.86I Further financial provision.86J References in this Part to “chief constable”.Part VIII Buildings, etc.87 Local authorities’ powers in relation to buildings in need of repair.88 Installation of pipes through neighbouring property.89 Safety of platforms etc.90 Lighting of common stairs etc.91 Installation of lights in private property.92 Cleaning and painting of common stairs, etc.93 Fire precautions in common stairs etc.94 Disused petrol containers.95 Private open spaces.96 Statues and monuments.97 Street names and house numbers.98 Luminous tube signs. Powers of entry, execution of works, etc.99 Power to enter, execute works and recover expense.100 Interest on expenses.101 Offences relating to powers of entry and carrying out of works.102 Entry warrants.103 Execution of owner’s works by occupier.104 Powers of entry: occupier and owner.105 Contents of notices.106 Appeals.107 Time for enforcing certain notices.108 Recovery of expenses incurred under section 87 by charging order.109 Replacement of provisions of this Part by Health and Safety Regulations.Part IX Miscellaneous and General Byelaws110(1) The Local Government (Scotland) Act 1973 shall be amended...111 Cessation of certain byelaws and saving for certain byelaws. Management rules112 Making of management rules.113 Evidence of management rules.114 Publication of management rules.115 Inspection and copies of management rules.116 Expulsion or exclusion for breach of management rules.117 Exclusion orders.118 Offences. Regulation of charitable collections119 Regulation of charitable collections. The seashore etc.120 Savings for Crown and other rights.121 Control of the seashore, adjacent waters and inland waters.122 Power to execute works on seashore.123 Interpretation of sections 120 to 122. Refuse collection and disposal124 Collection and disposal of household and trade waste.125 Interference with dustbins 126 Repeal of sections 124 and 125, savings and transitional provisions. Miscellaneous127 Advertising on local authority lands, vehicles etc.128 Control of stray dogs.129 Killing of or injury to dogs worrying livestock. General130 Offences by bodies corporate.131 Application to Crown.132 Expenses.133 Interpretation.134 Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions.135 Acceleration of repeal of certain provisions of the Burgh Police (Scotland) Acts and certain local statutory provisions.136 Consequential, transitional and supplementary provisions.137 Citation, commencement, repeals and extent. SCHEDULESSCHEDULE 1 Licensing—Further Provisions as to the General System Applications for the grant and renewal of licences1(1) An application to a licensing authority for the grant...2(1) A licensing authority shall, as soon as an application... Objections and representations3(1) Any objection or representation relating to an application for... Disposal of applications for the grant and renewal of licences4(1) In considering an application for the grant or renewal...5(1) Where an application for the grant or renewal of... Restriction on successive applications6Where a licensing authority have refused an application for the... Temporary licences7(1) A licensing authority may grant a licence to have... Duration of licences8(1) Subject to and in accordance with the provisions of...Taxi etc driving licences for persons subject to immigration control8A(1) Sub-paragraph (2) applies if— (a) a taxi driver's licence... Notification of changes and alterations9(1) Where there is a material change of circumstances affecting... Variation, suspension and revocation of licences10(1) A licensing authority may, at any time, whether or...11(1) A licensing authority may, whether upon a complaint made...12(1) A licensing authority shall, whether upon a complaint made... Supplementary13(1) A holder of a licence may at any time...14(1) A licensing authority shall cause to be kept a... Fees15(1) A licensing authority shall, subject to sub-paragraph (2) below—... Sending of notice by post16When a licensing authority sends by post, for the purposes... Electronic communications16A(1) A licensing authority may determine to accept— Notification of the decisions and giving of reasons17(1) A licensing authority shall, within 10 days of being... Appeals18(1) Subject to sub-paragraph (2) below, a person who may,... Power to make provision about hearings18A(1) The Scottish Ministers may by regulations make provision as... Interpretation19In this Schedule, “relevant objection or representation” means— 20(1) In this Schedule “ immigration offence ” means an...SCHEDULE 2 Control of Sex Shops Saving for existing law1Nothing in this Schedule— (a) shall afford a defence to... Meaning of “sex shop” and “sex article”2(1) In this Schedule “sex shop” means any premises, vehicle,... Miscellaneous definitions3In this Schedule— ... “ authorised civilian employee ” means... Requirement for licences for sex shops4Subject to the provision of this Schedule, no person shall... Waivers5(1) Any person who— (a) uses in any area any... Applications for the grant and renewal of licences6(1) An application for the grant or renewal of a... Notification of applications7(1) An applicant for the grant or renewal of a... Objections and representations8(1) The local authority shall, as soon as an application... Disposal of applications for licences9(1) Where an application for the grant or renewal of... Notification of decisions and reasons10(1) The local authority shall, in accordance with sub-paragraph (2)... Display of licences in sex shops11The holder of a licence under this Schedule shall keep... Duration of licences12(1) Subject to and in accordance with the provisions of... Revocation of licences13(1) The local authority may at any time revoke a... Notification of changes of circumstances14(1) Where there is a material change of circumstances affecting... Variation of licences15(1) A local authority may, at any time, whether or... Surrender of licence16(1) A holder of a licence may at any time... Register of Applications17(1) A local authority shall cause to be kept a... Fees18(1) A local authority shall, subject to sub-paragraph (2) below—... Enforcement19(1) A person who— (a) without reasonable excuse uses any... Rights of entry and inspection20(1) Without prejudice to any other provision of this Schedule... Powers of entry and search21(1) If a justice of the peace or sheriff is... Sending of notice by post22When a local authoritysends by post, for the purposes of... Electronic communications22A(1) A local authority may determine to accept— Notification of decisions and giving of reasons23(1) A local authority shall, within 10 days of being... Appeals24(1) Subject to sub-paragraph (2) below, a person who may,... Power to make provision about hearings24A(1) The Scottish Ministers may by regulations make provision as... Provisions relating to existing premises25(1) Without prejudice to any enactment other than this Schedule...Schedule 2A Retention and disposal of property seized under section 54(2A) of this Act Application1This schedule applies to property seized under section 54(2A) of... Retention2(1) Subject to sub-paragraph (2) below, property to which this... Arrangements for custody of property3(1) Subject to section 17(3)(a) of the Police and Fire... Disposal4Where the period of retention permitted by paragraph 2 above...5(1) Subject to sub-paragraphs (5) and (6) below, the owner...6(1) Where this sub-paragraph applies, the chief constable may— Appeals7(1) A claimant under sub-paragraph (2) of paragraph 5 above... Interpretation8In this Schedule— “ chief constable ” means the chief...SCHEDULE 3 Minor and Consequential Amendments The Roads and Bridges (Scotland) Act 1878 (c. 51)1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Firearms Act 1968 (c. 27)2In Schedule 2 to the Firearms Act 1968 (offences to... The Breeding of Dogs Act 1973 (c. 60)3In the Breeding of Dogs Act 1973— 4. . . . . . . . . .... The Public Passenger Vehicles Act 1981 (c. 14)5In section 79 of the Public Passenger Vehicles Act 1981...Schedule 4 Repeals