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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

99Extension of emergency closure order

This section has no associated Explanatory Notes

(1)Where an emergency closure order is in effect in respect of any licensed premises, a senior police officer may—

(a)before the expiry of the period during which the order has effect (referred to in this section as the “original closure period”), and

(b)if the officer reasonably believes that the conditions mentioned in subsection (2) are met in relation to the premises,

extend the original closure period for a further period not exceeding 24 hours.

(2)The conditions referred to in subsection (1)(b) are—

(a)that there continues to be, or is likely to continue to be, disorder on, or in the vicinity of, the premises,

(b)that extending the original closure period is necessary in the interests of public safety, and

(c)the risk to public safety continues to be such that it is necessary to extend the original closure period immediately and without making an application under section 97(1).

(3)An extension under subsection (1) has no effect in relation to any licensed premises unless a constable has, before expiry of the original closure period, given notice of the extension to a responsible person.

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