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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

Delegation of functions

This section has no associated Explanatory Notes

10(1)A Licensing Board may authorise (whether generally or specifically)—

(a)any member of the Board,

(b)any committee established by the Board,

(c)the clerk of the Board, or

(d)any member of staff provided under paragraph 8(1)(b),

to exercise on behalf of the Board any of the Board’s functions under this Act, other than the functions mentioned in sub-paragraph (2).

(2)Those functions are—

(a)determining the Board’s policy for the purposes of a licensing policy statement or supplementary licensing policy statement,

(b)determining, for the purposes of any such statement, whether there is overprovision of licensed premises, or licensed premises of any particular description, in any locality,

(c)determining a premises licence application,

(d)determining a premises licence variation application where the variation sought is not a minor variation,

(e)determining an application for the transfer of a premises licence where the applicant has been convicted of a relevant offence or a foreign offence,

(f)determining—

(i)a personal licence application, or

(ii)a personal licence renewal application,

where the applicant has been convicted of a relevant offence or a foreign offence,

(g)conducting a hearing under this Act (including taking any of the steps mentioned in sub-paragraph (3) at, or as result of, the hearing),

(h)making a closure order,

(i)refusing an application for confirmation of a provisional premises licence.

(3)The steps referred in sub-paragraph (2)(g) are—

(a)at a review hearing in respect of a premises licence—

(i)issuing a written warning to the licence holder,

(ii)revoking or suspending the licence, or

(iii)making a variation of the licence, or

(b)making an order revoking, suspending or endorsing a personal licence.

(4)A Licensing Board may, under sub-paragraph (1), delegate to the clerk of the Board the function of granting an occasional licence application only where there is no notice of objection or representations in relation to the application, or no notice from the appropriate chief constable recommending refusal of the application.

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