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Licensing (Scotland) Act 2005

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Disqualification from membership

This section has no associated Explanatory Notes

3(1)A councillor is disqualified from election as, and from being, a member of a Licensing Board if the councillor is—

(a)a premises licence holder,

(b)an employee of a premises licence holder and works as such in licensed premises,

(c)whether alone or in partnership with another person, engaged in the business of producing or selling alcohol,

(d)a director or other officer of a company so engaged, or

(e)an employee of any person so engaged and works as such in that business.

(2)A councillor who knowingly acts or purports to act as a member of a Licensing Board at a time when the councillor is disqualified from being such a member by virtue of sub-paragraph (1) commits an offence.

(3)A person guilty of an offence under sub-paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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