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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

38Review hearing

This section has no associated Explanatory Notes

(1)Where a Licensing Board—

(a)makes a premises licence review proposal, or

(b)receives a premises licence review application,

the Board must hold a hearing for the purposes of considering and determining the proposal or application unless, in the case of a premises licence review application, the Board has rejected the application under subsection 36(6).

(2)A hearing under subsection (1) is referred to in this Act as a “review hearing”.

(3)Where a review hearing is to be held, the Licensing Board must—

(a)in the case of a premises licence review application, give notice of the hearing to the applicant, and

(b)give notice of the hearing and a copy of the premises licence review proposal or application to—

(i)the licence holder, and

(ii)any Licensing Standards Officer for the area in which the premises concerned are situated, unless, in the case of a premises licence review application, the applicant is such an Officer.

(4)Where a Licensing Standards Officer receives under subsection (3)(b)(ii) a copy of a premises licence review proposal or application—

(a)the Officer must, before the review hearing, prepare and submit to the Licensing Board a report on the proposal or application, and

(b)the Licensing Board must take the report into account at the hearing.

(5)The Licensing Board may, for the purposes of the review hearing—

(a)obtain further information from such persons, and in such manner, as the Board thinks fit, and

(b)take the information into account.

(6)In particular, the Board may—

(a)request—

(i)the attendance at the review hearing of any person for the purpose of providing information, and

(ii)the production at the review hearing by any person of any documents in that person’s possession or under that person’s control, and

(b)take into account any information relevant to any ground for review even though it is not relevant to any circumstances alleged in the review proposal or application under consideration.

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