The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009

12.—(1) The Gambling Act 2005(1) is amended in accordance with this paragraph.

(2) In subsection (1)(c) of section 2 (licensing authorities) for “constituted under section 1 of the Licensing (Scotland) Act 1976 (c.66)” substitute “continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)”.

(3) In subsection (6)(c) of section 25 (guidance to local authorities) for “constituted under section 1 of the Licensing (Scotland) Act 1976 (c.66)” substitute “continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)”.

(4) In section 155 (delegation of functions under Part 8: Scotland)–

(a)for subsection (1) substitute–

“(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of its functions under this Part by–

(a)any member of the authority,

(b)any committee established by the authority,

(c)the clerk of the authority, or

(d)any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16).”;

(b)in subsection (2)(b) for “person appointed to assist the clerk” substitute “member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005”;

(c)in subsection (3) for “1976” substitute “2005”.

(5) In section 233 (delegation of functions under Part 9: Scotland)–

(a)for subsection (1) substitute–

“(1) Subject to subsection (2), a licensing authority in Scotland may arrange for the discharge of any of its functions under this Part by–

(a)any member of the authority,

(b)any committee established by the authority,

(c)the clerk of the authority, or

(d)any member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005 (asp 16).”;

(b)in subsection (2) for “person appointed to assist the clerk” substitute “member of staff provided under paragraph 8(1)(b) of schedule 1 to the Licensing (Scotland) Act 2005”;

(c)in subsection (3) for “1976” substitute “2005”.

(6) For subsection (c) of section 277 (alcohol licence) substitute–

“(c)“relevant Scottish licence” means a premises licence issued under the Licensing (Scotland) Act 2005, except where such a licence only applies to the sale of alcohol for consumption off the premises.”.

(7) in section 285 (permits)–

(a)in subsection (1)(a)–

(i)omit “a certificate of registration under section 105 of the Licensing (Scotland) Act 1976 (certificate of registration in respect of a club) or”;

(ii)after “licence” insert “and the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 applies”;

(b)in subsection (1)(b) after “licence” insert “and the premises are premises to which section 125(1) of the Licensing (Scotland) Act 2005 does not apply”.

(8) In paragraph 41(c) of Schedule 11 (exempt lotteries) for “constituted under section 1 of the Licensing (Scotland) Act 1976 (c.66)” substitute “continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16)”.