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Civic Government (Scotland) Act 1982

Type Public General Act

Publication 1982-10-28

Last updated 2026-03-26

State In force

Department Statute Law Database

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Part IX — Miscellaneous and General

Byelaws

110

(1) The Local Government (Scotland) Act 1973 shall be amended in accordance with subsections (2) and (3) below.

(2) In section 202 of that Act (procedure etc. for byelaws)—

(a) for subsection (1)(c)(ii) there shall be substituted the following—

(ii) the Civic Government (Scotland) Act 1982 ;

; and

(b) in subsection (9), for the words “ Burgh Police (Scotland) Acts 1892 and 1903” there shall be substituted the words “ Civic Government (Scotland) Act 1982”.

(3) After the said section 202 there shall be inserted the following sections—

(202A) A local authority shall, not later than 10 years from whichever is the later of the following times— (a) the coming into force of a byelaw which they have the power to revoke or amend ; (b) the coming into force of this section ; review that byelaw and do so thereafter at intervals of not more than 10 years. (202B) (2) The register kept under subsection (1) above shall contain— (a) a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws; (b) the date or dates when the byelaws and any amenments to them were confirmed ; (c) the date or dates when the byelaws and any amendments to them came or come into operation ; and (d) the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act. (3) The register kept under subsection (1) above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it. (4) No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above. (5) The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register ; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry. (202C) (1) Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them. (2) At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply. (3) The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above. (4) Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them. (5) It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw. (6) It shall not be competent under this section to revoke any byelaw or any part of any byelawif the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.

Cessation of certain byelaws and saving for certain byelaws,

111

(1) Byelaws—

(a) made under an enactment repealed by the Local Government (Scotland) Act 1947 but saved by section 381 of that Act;

(b) made under an enactment repealed by the Local Government (Scotland) Act 1973 but saved by section 225(1) of that Act;

(c) penalising persons allowing dogs in their charge to deposit excrement on footpaths or footways (construed in accordance with section 48(4) of this Act)

shall cease to have effect.

(2) Notwithstanding—

(a) subsection (1) above;

(b) the repeal by or under this Act of any enactment conferring a power to make byelaws; and

(c) the repeal as at the end of 1984 by sections 229(1) and 225(6) of the Local Government (Scotland) Act 1973 of the Burgh Police (Scotland) Acts 1892 to 1911 and the local statutory provisions to which the said section 225(6) applies,

any byelaws which—

(i) are of a kind referred to in subsection (1)(a) or (b) above; or

(ii) were made under any power contained in an enactment repealed by this Act or contained in those Acts of 1892 to 1911 or in those local statutory provisions and could be made under this Act

shall continue in force until the end of 1986 unless earlier revoked and, during the period for which they are continued in force under this section, may be dealt with in all respects as if having effect under the Local Government (Scotland) Act 1973.

Management rules

Making of management rules

112

(1) A local authority may, in accordance with this section, make rules, to be known as “management rules”, to regulate—

(a) the use of; and

(b) the conduct of persons while on or in

any land or premises which is owned, occupied or managed by the authority or is otherwise under their control and to which the public have access, whether on payment or not.

In this section, “land” does not include land below the high water mark of ordinary spring tides.

(2) Management rules may be made notwithstanding any power under any enactment to make byelaws, whether exercised or not.

(3) Notwithstanding section 201(3) of the Local Government (Scotland) Act 1973 (byelaws for good rule and government not to be made if provision is made by, or is or may be made under any other enactment) byelaws may be made under section 201(1) of that Act as respects any area although provision as respects that area is or may be made by any management rule.

(4) At least one month before making management rules, a local authority shall—

(a) give notice in accordance with subsection (5) below of—

(i) their intention to do so;

(ii) the general purpose of the proposed rules;

(iii) the place where a copy of the proposed rules may be inspected;

(iv) the fact that and time within which objections may be made; and

(v) the address to which objections may be sent; and

(b) make copies of the proposed rules available for public inspection without payment at their offices and so far as the authority consider practicable at the land or premises to which the rules are to apply.

(5) Notice shall be given for the purposes of subsection (4)(a) above by advertisement in a newspaper or newspapers circulating in the area of the local authority.

(6) Any person may, within one month after notice has first been given by a local authority under subsection (4) above, notify in writing his objection and the ground of his objection to the authority.

(7) Before making management rules, a local authority shall take into consideration any objections timeously received by them and shall give any objector an opportunity to be heard by them.

(8) Management rules shall come into force on the date of their execution or on such later date as may be specified in the rules and shall, unless revoked, continue in force for a period of 10 years from that date.

(9) Management rules shall be executed for the purposes of subsection (8) above by being sealed with the common seal of the local authority making them and signed by the proper officer of that authority.

Evidence of management rules

113

The production of a copy of any management rules purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the rules were made by the authority;

(b) that the copy is a true copy of the rules; and

shall be sufficient evidence of the facts stated in the certificate, and that without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Publication of management rules

114

Management rules made by a local authority shall, together with a notice stating where copies of the rules may be obtained, be displayed at the entrance to the land or premises to which they apply or elsewhere so that they may be seen by members of the public intending to have access to the land or premises.

Inspection and copies of management rules

115

Copies of management rules shall be open to public inspection without payment and a copy of them shall on application be furnished to any person on payment of such reasonable charge as the local authority may determine.

Expulsion or exclusion for breach of management rules

116

An authorised officer of a local authority which has made any management rule may—

(a) if he has reasonable grounds for believing that a person has contravened, is contravening or is about to contravene the management rule, expel that person;

(b) if he has reasonable grounds for believing that a person is about to contravene the management rule, exclude that person,

from the land or premises to which the rule applies.

Exclusion orders

117

(1) A local authority may decide that a person who has, in respect of particular land or premises, persistently contravened or attempted to contravene management rules applying to the land or premises and is, in their opinion, likely to contravene them again, shall be made subject to an exclusion order under this section.

(2) An exclusion order shall take effect upon a person under subsection (1) above on such a date as the local authority may decide which shall be not less than 14 days after their decision under that subsection.

(3) The local authority shall, in accordance with subsection (7) below, give the person subject to an exclusion order notice of their decision under subsection (1) above which notice shall contain a statement of the reasons for that decision and a statement as to his right under subsection (4) below to make representations.

(4) The person who has been made subject to an exclusion order shall be entitled to make written or oral representations to the local authority at any time up to the date when the order would, but for subsection (5) below, have taken effect upon him.

(5) On representations being so made the local authority shall suspend the effect of their decision, consider the representations and decide whether to confirm their decision or to revoke or amend it.

(6) Section 56(1) of the Local Government (Scotland) Act 1973 shall not apply to the discharge of a local authority’s functions under this section so as to enable them to be discharged by an officer.

(7) Notice shall be given for the purposes of subsection (3) above by—

(a) its being sent by recorded delivery letter to the last known address of the person subject to the order so as to arrive there, in the normal course of post, not later than five days after the decision under subsection (1) above; or

(b) personal service of the notice upon that person within that time.

(8) An exclusion order shall have effect for such period, not exceeding one year, as the local authority making it may determine; and a local authority may at any time reduce the period of, or revoke, an exclusion order made by them.

Offences

118

Any person who—

(a) on being required to leave any land or premises by an authorised officer of the local authority who has reasonable grounds for believing that the person has contravened, is contravening or is about to contravene any management rule applying to the land or premises, fails to leave;

(b) on being informed by an authorised officer who has reasonable grounds for believing that the person is about to contravene any management rule applying to any land or premises that he is excluded from the land or premises, enters or attempts to enter the land or premises; or

(c) being a person subject to an exclusion order under section 117 of this Act, enters or attempts to enter the land or premises to which the exclusion order relates

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.

Regulation of charitable collections

Regulation of charitable collections The seashore etc.

119

(1) Subject to the provisions of this section, any person who organises a public charitable collection in respect of which the local authority for the area in which it is to be held have not given their permission under this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) Subsection (1) above does not apply to a collection which takes place in the course of a public meeting or to a collection which takes place by means of an unattended receptacle kept in a fixed position in a public place.

(3) An application for permission under this section shall be made in writing to the local authorityby the organiser of the collection not later than 1 month before the date of the collection, or within such other period as the authority may fix.

(4) On receipt of an application for permission under this section the local authorityshall consult the chief constable for the area which comprises or includes their area and may make such other inquiries as they think fit.

(5) In granting permission under this section a local authority may, subject to the provisions of any regulations made under subsection (13) below, impose such conditions as they think fit, having regard to the local circumstances in which the collection is to be held, including conditions—

(a) specifying the date, time or frequency of the collection;

(b) specifying the area within which it is to take place;

(d) specifying the form of collection boxes, other containers and any other articles used for the purposes of the collection; and

(e) as to any other matter relating to the local circumstances of the collection.

(6) A local authority may refuse to grant permission under this section on any of the following grounds—

(a) that the date, time, frequency or area of the collection would cause undue public inconvenience;

(b) that another collection in respect of which permission under this section has been granted or which is exempt under subsection (11) below is due to take place on the same or a proximate day;

(c) that it appears to them that the amount likely to be applied for charitable purposes in consequence of the collection is inadequate having regard to the likely amount of the proceeds of the collection;

(d) that the organiser of the collection has been convicted of an offence under section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916 or the House to House Collections Act 1939, or under this section or regulations made under subsection (13) of this section, or of any other offence which involves dishonesty or the commission of which would be likely to be facilitated by the grant of permission under this section.

(7) A local authority may—

(a) if they have reason to believe that there has been a change in the circumstances which prevailed at the time when they granted a permission under this section and they are of the opinion that, in consequence, grounds of refusal under subsection (6) above apply, withdraw the permission or vary any condition imposed by them under subsection (5) above in relation to that permission;

(b) if they have reason to believe that there has been, is or is likely to be a breach of any condition imposed by them under subsection (5) above, withdraw a permission under this section.

(8) Where permission for a collection is refused under subsection (6) above or withdrawn under subsection (7) above, the local authorityshall give written notice of that fact to the organiser of the collection and such notice shall include a statement of the reasons for such refusal or withdrawal.

(9) The organiser of a collection may appeal to the sheriff against the decision of a local authority—

(a) under subsection (6) above, refusing permission for a collection;

(b) under subsection (7) above, withdrawing such permission;

(d) under the said subsection (7), varying any condition,

and an appeal under this subsection shall be made by way of summary application and shall be lodged with the sheriff clerk within 14 days of the date of the decision appealed against or, in a case where reasons for a decision have been given, within 14 days from the date of receipt of those reasons.

(10) In upholding an appeal under subsection (9) above, the sheriff may—

(a) remit the case with the reasons for his decision to the local authority for reconsideration of their decision; or

(b) reverse or alter the decision of the local authority.

(11) If he is satisfied that a person pursues charitable purposes throughout the whole or a substantial part of Scotland, the Secretary of State may direct that that person shall, subject to such conditions as may be specified in the direction, be exempt from subsection (1) above.

A direction made under this subsection may be revoked or amended by a further direction so made.

(12) Notwithstanding the provisions of subsection (11) above, any person who has been exempted from subsection (1) above by a direction of the Secretary of State under subsection (11) above shall, unless the Secretary of State otherwise directs, give to the local authorityin whose area he intends to organise a public charitable collection 3 months notice of that intention.

A direction under this subsection may be revoked or amended by a further direction so made.

(13) Subject to the provisions of this section, the Secretary of State may make regulations for the purposes of regulating public charitable collections and, without prejudice to that generality, regulations may include provision about the keeping and publication of accounts, provision for prevention of annoyance to the public and provision making it an offence to fail to comply with any obligation imposed by the regulations which is specified in the regulations as an obligation breach of which is an offence and making any person guilty of such an offence liable on summary conviction to a fine not exceeding £50 or such lesser sum as may be specified in the regulations.

(14) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) In this section “public charitable collection” means a collection from the public of money (whether given by them for consideration or not) for charitable purposes taken either in a public place or by means of visits from place to place and “charitable purposes” means any charitable, benevolent or philanthropic purposes whether or not they are charitable within the meaning of any rule of law.

The seashore etc.

Savings for Crown and other rights

120

Subject to—

(a) the provisions of the Coast Protection Act 1949, the Town and Country Planning (Scotland) Acts 1972 to 1974 and the Dumping at Sea Act 1974;

(b) the functions of statutory undertakers and port authorities; and

a local authority may exercise, with respect to the seashore and adjacent waters, the powers conferred on them by sections 121 and 122 of this Act ....

Control of the seashore, adjacent waters and inland waters

121

(1) Insofar as it is necessary to do so for the purpose of preventing nuisance or danger at, or preserving or improving the amenity of, or conserving the natural beauty of, the seashore, a local authority may, in accordance with this section, make byelaws—

(a) regulating or prohibiting any activity by way of trade or business with, or in expectation of personal reward from, members of the public on the seashore;

(b) regulating the use of vehicles on the seashore;

(2) Byelaws under subsection (1) above may confine the exercise of any activity (including the use of vehicles or kinds of vehicles) specified in the byelaws to a part of the seashore specified in the byelaws and prohibit the exercise in that part of the seashore of any other activity (including such use) so specified.

(3) A local authority may, in accordance with this section, make byelaws relating to the adjacent waters for the purpose of—

(a) regulating the speed of pleasure boats in these waters;

(b) regulating the use of pleasure boats in these waters so as to prevent their navigation in a dangerous manner or without due care and attention or without reasonable consideration for other persons;

(d) regulating the activities in these waters of divers, surfers, water skiers and persons engaged in similar recreational pursuits.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Byelaws may be made under this section only if—

(a) the local authority have complied with subsection (6) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having—

(i) in the case of byelaws under subsection (1) above, a proprietorial interest in the seashore;

(ii) in the case of byelaws under subsection (3) above, a proprietorial interest in relation to the adjacent waters;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) in any case, a proprietorial interest in any salmon fishings;

being a proprietorial interest which may be affected by the byelaws;

(b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);

(c) the local authority have, in connection with their proposal to make the byelaws, consulted such person or body, if any, as appears to them to be representative of persons who engage in each sporting or recreational activity which may be affected by the byelaws.

(6) The local authority shall give public notice of their proposal to make byelaws under this section . . . in a newspaper circulating in the area where the byelaws are proposed to have effect.

(7) If a local authority have complied with subsections (5)(a) and (6) above, . . ., the authority may . . . proceed to make the byelaws but shall not proceed earlier than one month after the date of the advertisement under subsection (6) above or, if there were more than one advertisement, the later or last of those dates.

(8) Byelaws made under this section may provide that persons contravening such provisions of the byelaws as may be therein specified as provisions contravention of which is an offence shall be liable, on summary conviction thereof, to a fine not exceeding £50 or such lesser sum as the byelaws may specify; and any offence against any such provision of such byelaws committed within adjacent waters may be inquired into and dealt with as if it had been committed within the area of the local authority concerned.

(9) A local authority may on the seashore or in or on adjacent waters place notices or other indications advising the public as to any danger or health hazard connected with the seashore or those waters.

(10) A local authority may provide staff for life saving and any boats or equipment which are appropriate for life saving.

(11) A local authority, when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore, and adjacent waters.

(12) In subsection (1) above, the reference to conserving natural beauty shall be construed in accordance with section 78(2) of the Countryside (Scotland) Act 1967.

Power to execute works on seashore

122

(1) A local authority may, in accordance with this section, on any part of the seashore or in or on adjacent waters or the bed thereof, execute any works for the purpose of preserving, improving or restoring amenity.

(2) Works may be carried out under this section only if—

(a) the authorityhave complied with subsection (4) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having, in the seashore or in relation to the adjacent waters or in the bed thereof or in any salmon fishings, a proprietorial interest which may be affected by the works; and

(b) subject to subsection (5) below—

(i) every such person has consented to their being carried out; and

(ii) in the case of works by any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles, they have obtained the consent of the river purification board within whose area the works are to be carried out; . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A local authority, when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore and adjacent waters or the bed thereof.

(4) The local authority shall—

(a) give public notice of their proposal to carry out works under this section and of the effect of subsection (2)(b)(i) above in relation to that proposal in a newspaper circulating in the area where the works are proposed to be carried out; and

(b) notify the Crown Estate Commissioners or (as the case may be) the relevant person of that proposal.

(5) If a local authority have complied with subsections (2)(a) and (4) above but the consent of a person whose consent to the carrying out of the works is required under subsection (2)(b)(i) above cannot be obtained because his existence or identity is unknown or he cannot be found or if the consent of a person whose consent is required under subsection (2)(b) above cannot be obtained because he fails to respond in any way to a request for his consent, the authority may nevertheless proceed to carry out the works but shall not so proceed earlier than one month after the date of the advertisement under subsection (4) above or, if there were more than one advertisement, the later or last of these dates.

Interpretation of sections 120 to 122

123

(1) In sections 120 to 122 of this Act—

“adjacent waters” means—waters within a distance from low water mark of ordinary spring tides not exceeding 1,000 metres; orwhere the width of the waters separating the area of one local authority from that of another is less than 2,000 metres, measured by the shortest distance between the respective such low water marks in these areas, the waters within the median line between those respective low water marks;

“proprietorial interest” means the interest of a proprietor or lessee;

“relevant person”, in relation to any part of the seashore to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that part of the seashore;

“seashore” means the shore of the sea, that is to say, the land between the low water mark and the high water mark of ordinary spring tides and every cliff, bank, barrier, dune, beach, flat, esplanade or other land above the said high water mark adjacent to the shore, and to which the public have right of access;

“statutory undertakers” has the meaning assigned to it by section 275 of the Town and Country Planning (Scotland) Act 1972, except that it also includes . . . . . . . . . British Telecommunications.

(2) Sections 120 to 122 of this Act and this section shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in right of the Crown or belongs to a government department or is held in trust for Her Majesty for the purposes of a government department and, for the purposes of giving notice or, as the case may be, giving or withholding consent under these sections in relation to such land, the appropriate authority shall be—

(a) in relation to land an interest in which belongs to Her Majesty in right of the Crown and is within the administration of the Crown Estate Commissioners, these Commissioners;

(aa) in relation to land an interest in which belongs to her Majesty in right of the Crown and is within the administration of a relevant person, that person;

(b) in relation to land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department;

and, if any question arises as to the authority which is the appropriate authority in relation to any Crown land, the question shall be determined by the Treasury.

Refuse collection and disposal

Collection and disposal of household and trade waste

124

Interference with dustbins etc.

125

Repeal of sections 124 and 125, savings and transitional provisions

126

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The repeal by the Local Government (Scotland) Act 1973 or by order made under section 135(1) or 137(3) of this Act of section 108 of the Burgh Police (Scotland) Act 1892 shall not affect a compulsory purchase order made under the said section 108 before the coming into force of that repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 108 had not been repealed.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Advertising on local authority lands, vehicles etc.

127

(1) A local authority may enter into agreement with any person for the display of advertisements on or in—

(a) any land, premises or structure vested in or maintained by the authority;

(b) any vehicle owned or operated by the authority.

(2) This section is without prejudice to section 61 of the Town and Country Planning (Scotland) Act 1972 (control of advertisements) or to any regulation made under that Act by virtue of that section.

Control of stray dogs

128

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of extending the powers under section 3 of the Dogs Act 1906 of seizure and detention of stray dogs to those found on land or premises other than in roads or places of public resort, the said section 3 shall be amended as follows—

(a) in subsection (1), after the word “resort”, there shall be inserted the words “or on any other land or premises”;

(b) after the said subsection (1) there shall be inserted the following subsection—

(1A) The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than a highway or place of public resort unless the owner of the land or premises or person having the right of possession thereof has consented to such exercise.

(3) Any enactment in any local Act which amends section 3 of the said Act of 1906 or confers powers on a district or islands council in relation to the said section 3 as it applies to the area of the council shall cease to have effect.

Killing of or injury to dogs worrying livestock

129

(1) In any civil proceedings in respect of the death of or injury to a dog it shall be a defence to prove—

(a) that the person alleged to have killed or injured the dog acted for the protection of any livestock and was a person entitled to act for the protection of that livestock; and

(b) that within forty-eight hours of the killing or injury notice thereof was given by him or on his behalf at a police station or to a constable.

(2) For the purposes of this section a person is entitled to act for the protection of any livestock if, and only if—

(a) the livestock or the land on which it is belongs to him or to any person under whose express or implied authority he is acting; and

(b) the circumstances are not such that the livestock was killed or injured on land on to which it had strayed and either the dog belonged to the occupier or its presence on the land was authorised by the occupier.

(3) Subject to subsection (4) of this section, a person killing or causing injury to a dog shall be deemed for the purpose of this section to act for the protection of any livestock if, and only if, either—

(a) the dog is worrying or is about to worry the livestock and there are not other reasonable means of ending or preventing the worrying; or

(b) the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs.

(4) For the purposes of this section the conditions stated in either of the paragraphs of the preceding subsection shall be deemed to have been satisfied if the person alleged to have killed or injured the dog believed that the condition was satisfied and had reasonable ground for that belief.

(5) For the purposes of this section—

(a) an animal belongs to any person if he owns it or has it in his charge;

(b) land belongs to any person if he is the occupier thereof;

(c) “livestock” means cattle, horses, asses, mules, hinnies, sheep, pigs, goats and poultry, deer not in the wild state and while in captivity, pheasants, partridges and grouse; and

(d) “poultry” means the domestic varieties of the following that is to say, fowls, turkeys, geese, ducks, guinea-fowls, pigeons and quails.

General

Offences by bodies corporate

130

(1) Where an offence under this Act or any regulation or byelaw made under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Application to Crown

131

The provisions of Parts VI and VIIA and sections 120 to 123 of this Act apply to the Crown as provided in those provisions but otherwise this Act shall not bind the Crown.

Expenses

132

There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation

133

In this Act, except where the context otherwise requires—

“enforcing authority” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5)

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“proper officer” shall be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973;

“public place” means any place (whether a thoroughfare or not) to which the public have unrestricted access and includes—

(a) the doorways or entrances of premises abutting on any such place; and

(b) any common passage, close, court, stair, garden or yard pertinent to any tenement or group of separately owned houses; and

“public road”, “road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;

“vessel” means any kind of water-craft including a hovercraft within the meaning of the Hovercraft Act 1968 but not including a vessel in Her Majesty’s service.

Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions

134

(1) The repeal of—

(a) the Burgh Police (Scotland) Acts 1892 to 1911; and

(b) the local statutory provisions to which subsection (6) of section 225 of the Local Government (Scotland) Act 1973 applies,

which by virtue, respectively, of

(i) subsection (1) of section 229 of the said Act of 1973; and

(ii) the said subsection (6),

falls to take place at the end of 1982 shall, subject to subsection (2) below, sections 135 and 137 of this Act and any order thereunder, be postponed until the end of 1984 and in each of the said subsections, at the beginning there shall be inserted the words “Subject to sections 134(2), 135 and 137 of the Civic Government (Scotland) Act 1982 and any order under these sections,” and for the words “1982” there shall be substituted the words “1984”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acceleration of repeal of certain provisions of the Burgh Police (Scotland) Acts and certain local statutory provisions

135

Consequential, transitional and supplementary provisions

136

(1) Anything done or treated by virtue of any enactment as having been done under any provision of the Burgh Police (Scotland) Act 1892 to 1911 or under any local statutory provision to which subsection (6) of section 225 of the Local Government (Scotland) Act 1973 applies which could be done by or under any provision of this Act shall, on the repeal of the provision of the said Burgh Police (Scotland) Acts 1892 to 1911 or of the local statutory provision, be treated as having been done under the provision of this Act.

(2) The Secretary of State may by order make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary, proper or expedient for the general or any particular purpose of this Act or in consequence of any of the provisions thereof or for giving full effect thereto and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(3) Without prejudice to section 13 of the Interpretation Act 1978 (anticipatory exercise of statutory powers) anything which must or may be done under any provision of Part I or II of this Act may, notwithstanding that that provision is not in force, be done for the purposes of giving full effect to that provision at or after the time when it comes into force and the Secretary of State may, in making transitional provision by order under subsection (2) above, modify any provision of Part I or II of this Act for the purposes of this subsection.

(4) An order under subsection (2) above—

(a) may be made at any time, whether before, at the same time as or after the commencement of any provision of this Act to which the provision made by the order relates;

(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Citation, commencement, repeals and extent Schedules:

137

(1) This Act may be cited as the Civic Government (Scotland) Act 1982.

(2) This Act, other than sections 134 to 136 and subsections (1) above, (3) to (6) and (9) below and this subsection, shall come into force on such date or dates as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed under this section for different provisions of this Act or for different purposes of the same provision.

(3) An order under subsection (2) above shall of itself have the effect of repealing—

(a) any provision of the Burgh Police (Scotland) Acts 1892 to 1911;

(b) any local statutory provision (whether or not subject to an order under section 225(6) of the Local Government (Scotland) Act 1973 (exemption from and postponement of repeal of local statutory provision))

to the extent that the provision provides for any matter which is also provided for (whether consistently or not) by or under any provision of this Act commenced by that order.

(4) A repeal under subsection (3) above shall take effect on the date of commencement of the provision of this Act the commencement of which gives rise, under that subsection, to that repeal.

(5) In this section “local statutory provision” means—

(a) a provision of a local Act, the Bill for which was promoted by a local authority;

(b) a provision of an Act confirming a provisional order made on the application of a local authority;

not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.

(6) In subsection (5) above, “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking, or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

(7) The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified.

(8) The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(9) This Act (except section 16, which applies to England and Wales) applies to Scotland only.

SCHEDULE 1

Applications for the grant and renewal of licences

1

(1) An application to a licensing authority for the grant or renewal of a licence shall be—

(a) made in writing in such form as may be determined by the licensing authority;

(b) signed by the applicant or his agent; and

(2) An application under sub-paragraph (1) above shall specify—

(a) the kind of licence in respect of which the application is made;

(b) where the applicant is a natural person, his full name , address and date and place of birth and, where the applicant himself is not to be carrying on the day-to-day management of the activity in relation to which the application is made, the full name , address and date and place of birth of any employee or agent who is;

(i) the full name of the person;

(ii) the address of its registered or principal office;

(iii) the names , private addresses and dates and places of birth of its directors, partners or other persons responsible for its management; and

(iv) the full name , address and date and place of birth of any employee or agent who is to carry on the day-to-day management of the activity in relation to which the application is made;

(d) the address of the premises, if any, in or from which and the area in which the activity is to be carried on; and

(e) such other information as the authority may reasonably require.

(3) Where the application relates to a licence for an activity which is wholly or mainly to be carried on in premises, it shall contain one or other of the following declarations by the applicant, that is to say, a declaration that he is complying with paragraph 2(2) below or a declaration by him that he is unable to do so because he has not such rights of access or other rights in respect of the premises as would enable him to do so, but that he has taken such reasonable steps as are open to him (specifying them) to acquire those rights and has been unable to acquire them.

2

(1) A licensing authority shall, as soon as an application for the grant or renewal of a licence is made to them, send a copy of the application to the chief constable and, where the activity is wholly or mainly to be carried on

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises, the Scottish Fire and Rescue Service .

(2) Where an application is for the grant or renewal of a licence in relation to an activity wholly or mainly to be carried on in premises, the applicant shall, for a period of 21 days beginning with the date on which the application was submitted to the licensing authority, display a notice complying with sub-paragraph (3) below at or near the premises so that it can conveniently be read by the public.

(3) The notice shall state—

(a) that application has been made for a licence;

(b) the particulars required under paragraph 1(2) above to be specified in the application (other than the date and place of birth of any person) ;

(c) that objections and representations in relation to the application may be made to the licensing authority in accordance with paragraph 3 below;

(d) the effect of paragraph 3(1) to (3) below.

(4) Where an application contains a declaration that the applicant is complying with sub-paragraph (2) above, the applicant shall, as soon as possible after the expiry of the period of 21 days referred to in that sub-paragraph, submit to the licensing authority a certificate stating that he has so complied.

(5) An applicant shall not be treated as having failed to comply with sub-paragraph (2) above if the notice was, without any fault or intention of his, removed, obscured or defaced before the 21 days referred to in that sub-paragraph have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement; and if he has cause to rely on this sub-paragraph, his certificate under sub-paragraph (4) above shall state the relevant circumstances.

(6) Where an application contains a declaration that the applicant is complying with sub-paragraph (2) above, and—

(a) he fails to submit the certificate required by sub-paragraph (4) above;

(b) in the circumstances referred to in sub-paragraph (5) above, he has not, in the opinion of the licensing authority, taken reasonable steps for the protection or, as the case may require, replacement of the notice; or

(c) the licensing authority is, at any time before they reach a final decision on the application, satisfied that the notice was not displayed in accordance with this paragraph,

they may require the applicant to display the notice again for a period of 21 days beginning with such date as they may specify and the provisions of this paragraph shall apply in respect of such display as they apply in respect of display under sub-paragraph (2) above.

(7) The licensing authority—

(a) shall, in accordance with sub-paragraph (8) below, cause public notice to be given of every application made to them for the grant or renewal of a licence falling within a prescribed class;

(b) shall, in accordance with sub-paragraph (8) below, cause public notice to be given of an application made to them for the grant or renewal of a licence in relation to an activity wholly or mainly to be carried on in premises if the application contains a declaration that the applicant has been unable to comply with the requirements of sub-paragraph (2) above;

(c) may, if they think fit, cause public notice to be given, in accordance with sub-paragraph (8) below, of any application for the grant or renewal of a licence which is made to them and notice of which they are not obliged to give under this sub-paragraph.

(8) Public notice of an application shall be given for the purposes of sub-paragraph (7) above by publication of a notice in a newspaper or newspapers circulating in the area of the authority , or by publication of a notice on the licensing authority’s website, stating—

(a) the particulars required under paragraph 1(2) above to be specified in the application (other than the date and place of birth of any person);

(b) that objections or representations in relation to the application may be made to the licensing authority in accordance with paragraph 3 below; and

(9) The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, prescribe a class or classes of licences for the purposes of sub-paragraph (7) above.

Objections and representations

3

(1) Any objection or representation relating to an application for the grant or renewal of a licence shall, subject to sub-paragraph (2) below, be entertained by the licensing authority if, but only if, the objection or representation—

(a) is in writing;

(b) specifies the grounds of the objection or, as the case may be, the nature of the representation;

(d) is signed by him or on his behalf;

(e) was made to them within 28 days of whichever is the later or, as the case may be, latest of the following dates—

(i) where public notice of the application was given under paragraph 2(7) above, the date when it was first so given;

(ii) where the application relates to a licence for an activity which is wholly or mainly to be carried out in premises and the authority have specified a date under paragraph 2(6) above, that date;

(iii) in any other case, the date when the application was made to them.

(2) Notwithstanding sub-paragraph (1)(e) above, it shall be competent for a licensing authority to entertain an objection or representation received by them before they take a final decision upon the application to which it relates if they are satisfied that there is sufficient reason why it was not made in the time required under that sub-paragraph.

(3) An objection or representation shall be made for the purposes of sub-paragraph (1) above if it is delivered by hand within the time there specified to the licensing authority or posted (by registered or recorded delivery post) so that in the normal course of post it might be expected to be delivered to them within that time.

(3A) Where a licensing authority have determined to accept objections and representations by means of an electronic communication under paragraph 16A, an objection or representation is made for the purpose of sub-paragraph (1) of this paragraph if it is sent—

(a) to the authority by means of an electronic communication which complies with the determination, and

(b) within the time specified in sub-paragraph (1).

(3B) Sub-paragraph (3A) is without prejudice to sub-paragraph (3).

(4) The licensing authority shall send a copy of any relevant objection or representation (within the meaning of paragraph 19 below) to the applicant to whose application it relates.

Disposal of applications for the grant and renewal of licences

4

(1) In considering an application for the grant or renewal of a licence, a licensing authority may make such reasonable inquiries as they think fit and include the results of these inquiries in matters they take into account, but where they intend so to include any of these results they shall notify the applicant of that intention.

(2) A licensing authority may, before reaching a final decision upon such an application, give the applicant and any person who has made a relevant objection or representation (within the meaning of paragraph 19 below) in relation to the application an opportunity to be heard by the authority and, where they propose to do so, shall, within such reasonable period (not being less than 14 days) of the date of the hearing, notify the applicant and each such person of that date.

(3) A licensing authority shall not reach a final decision upon such an application—

(a) in relation to which a relevant objection or representation (within the meaning of paragraph 19 below) has been made to them or in relation to which they intend to take into account any result of their inquiries under sub-paragraph (1) above; and

(b) in respect of which they have not, under this paragraph, given the applicant and any person who has made any such objection or representation an opportunity to be heard,

unless they have given the applicant an opportunity to notify them in writing of his views on such objection or representation or, as the case may be, result within such reasonable period (not being less than 7 days) as they may specify.

(4) The period referred to in sub-paragraphs (2) and (3) above shall begin with the date when the notification given by the licensing authority for the purpose of sub-paragraph (2) or, as the case may be, (3) is delivered to the person concerned and, when it is sent by post, it shall be treated as being delivered at the time when it might be expected to be delivered in the normal course of post.

5

(1) Where an application for the grant or renewal of a licence has been made to a licensing authority they shall, in accordance with this paragraph—

(a) grant or renew the licence ...;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) In granting or renewing a licence under sub-paragraph (1)(a), a licensing authority may (either or both)—

(a) disapply or vary any standard conditions so far as applicable to the licence,

(b) impose conditions in addition to any mandatory or standard conditions to which the licence is subject.

(2) Subject to sub-paragraph (2A), the conditions referred to in sub-paragraph (1A)(b) above shall be such reasonable conditions as the licensing authority think fit and, without prejudice to that generality, may include—

(a) conditions restricting the validity of a licence to an area or areas specified in the licence; and

(b) in relation to the grant of a licence, where that licence is intended to replace an existing licence, a condition requiring the holder of the existing licence to surrender it in accordance with paragraph 13 below.

(2A) The conditions referred to in sub-paragraph (1A)(b) above shall not relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of Part 3 of the Fire (Scotland) Act 2005 (asp 5).

(2ZA) A variation made under sub-paragraph (1A)(a) or condition imposed under sub-paragraph (1A)(b) has no effect so far as it is inconsistent with any mandatory condition to which the licence is subject.

(3) A licensing authority shall refuse an application to grant or renew a licence if, in their opinion—

(a) the applicant or, where the applicant is not a natural person, any director of it or partner in it or any other person responsible for its management, is either—

(i) for the time being disqualified under section 7(6) of this Act, or

(ii) not a fit and proper person to be the holder of the licence;

(b) the activity to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application himself;

(c) where the licence applied for relates to an activity consisting of or including the use of premises or a vehicle or vessel, those premises are not or, as the case may be, that vehicle or vessel is not suitable or convenient for the conduct of the activity having regard to—

(i) the location, character or condition of the premises or the character or condition of the vehicle or vessel;

(ii) the nature and extent of the proposed activity;

(iii) the kind of persons likely to be in the premises, vehicle or vessel;

(iv) the possibility of undue public nuisance; or

(v) public order or public safety; or

(d) there is other good reason for refusing the application;

and otherwise shall grant the application.

(4) A licensing authority shall not, in a case where a certificate falls to be submitted to them under paragraph 2(4) above, reach a final decision under this paragraph in respect of the application to which the certificate relates until it has been so submitted.

(5) A licensing authority shall in accordance with sub-paragraph (6) below, notify their decision under sub-paragraph (1) above to—

(a) the applicant;

(b) the chief constable;

(c) any person who made a relevant objection or representation (within the meaning of paragraph 19 below) in relation to the application; and

(d) where the application was for a licence for an activity wholly or mainly to be carried on

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises, the Scottish Fire and Rescue Service .

(6) Notification shall be made under sub-paragraph (5)(a), (b) or (d) above within 7 days of the decision to be notified by sending to the person concerned written notice of the decision and under sub-paragraph (5)(c) above either by so doing or by publishing, within that time, in a newspaper circulating in the area of the licensing authority, notice of the decision.

(7) A licensing authority shall make out and deliver a licence to every person to whom a licence is granted or whose licence is renewed by the authority, and shall when requested by any such person and on payment of such fee as they may charge under paragraph 15 below, make out a duplicate of any licence issued under this sub-paragraph and certify such duplicate to be a true copy of that original licence; and any document purporting to be so certified by the proper officer of the authority shall be sufficient evidence of the terms of that licence.

(8) Where a licensing authority grant a licence in respect of which an employee or agent has been named under paragraph 1(2)(b) or (c)(iv) above, the licence shall be granted jointly in the names of the applicant and of the employee or agent, and in such a case any reference in this Schedule or in Part I or II of this Act to the holder of a licence includes a reference to one or both of those persons, as the case may require.

Restriction on successive applications

6

Where a licensing authority have refused an application for the grant or renewal of a licence they shall not, within one year of their refusal, entertain a subsequent application from the same applicant for the grant of the same kind of licence in respect of the same activity in the same area or, where the activity consists of or includes the use of premises or a vehicle or vessel, in respect of an activity consisting of or including the same use of the same premises, vehicle or vessel unless in their opinion there has been, since their refusal, a material change of circumstances.

Temporary licences

7

(1) A licensing authority may grant a licence to have effect for such period not exceeding 6 weeks from its being granted as they may determine, and such a licence shall be known as a “temporary licence”.

(2) This Schedule shall apply with the modifications specified in sub-paragraphs (3) to (5) below in relation to applications for temporary licences.

(3) Paragraphs 1(3), 2 to 4, and 5(1), (1A), (2), (2ZA), (2A) and (4) to (6) shall not apply, but in relation to each application for a temporary licence the licensing authority—

(a) shall consult the chief constable and, where the application relates to an activity wholly or mainly to be carried on

(i) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii) in any other premises , the Scottish Fire and Rescue Service ; and

(b) may , subject to sub-paragraph (3A) below, grant it subject to such conditions as they think fit.

(3A) The conditions referred to in paragraph (b) of sub-paragraph (3) above shall not relate to any matter in relation to which requirements or prohibitions are or could be imposed by virtue of Part 3 of the Fire (Scotland) Act 2005 (asp 5).

(4) Paragraph 6 shall not apply so as to prevent a licensing authority from entertaining an application for the grant of a licence where they have, within one year, refused an application from the same applicant for a temporary licence for the same activity.

(5) Paragraphs 8, 9, 10 and 18 shall not apply.

(6) A temporary licence shall not be capable of being renewed but, where the holder of or the applicant for a temporary licence has also made an application for a licence under paragraph 1 above in respect of the same activity, the temporary licence, if granted, shall continue to have effect until—

(za) where—

(i) at any time after the application for the licence under paragraph 1 is made, the licensing authority requests the applicant to give it further information for the purpose of enabling it to make a request, or make a further request, under paragraph 3(2)(a) of Schedule 33 to the Finance Act 2021 (request for confirmation of completed tax check) in relation to the application, and

(ii) at the end of the relevant period, the licensing authority continues to be prevented from considering the application by paragraph 3(2) of that Schedule to that Act,

the end of the relevant period; or

(a) the licence applied for under paragraph 1 has been granted, whether as a result of an appeal under paragraph 18 below or not, or has been deemed to have been granted; or

(b) where the licensing authority have refused that application, the time within which an appeal under paragraph 18 below against that decision may be made has elapsed; or

(6A) In sub-paragraph (6)(za) “the relevant period” means—

(a) the period of 7 days beginning with the day on which the request under sub-paragraph (6)(za)(i) is made, or

(b) if the final day of that period is earlier than the day on which (disregarding sub-paragraph (6)) the temporary licence expires, the period ending with that later day.

Duration of licences

8

(1) Subject to and in accordance with the provisions of this paragraph, a licence shall come into force on being granted by a licensing authority or on such later date as they may specify as a condition of the licence and shall continue in force on being renewed by them.

(2) Subject to the provisions of this paragraph, a licence shall have effect—

(a) for a period of three years from the date when it comes into force; or

(b) for such shorter period as the licensing authority may decide at the time when they grant or renew the licence.

(3) In the event of the death of a holder of a licence (except in the case of a licence referred to in section 13 of this Act) that licence shall be deemed to have been granted to his executor and shall, unless previously revoked, suspended or surrendered, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the licensing authority may from time to time, on the application of the executor, extend or further extend that period if they are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.

(4) Where one of the joint holders of a licence ceases to be such, the licence shall continue in force as if held by its remaining holder for a period of six weeks from the date of such cessation but, where the remaining holder has made an application under paragraph 1 above for a licence in respect of the same activity within that period of six weeks, that period shall be extended until the time specified in sub-paragraph (6) below.

(5) If an application for the renewal of a licence is made before its expiry, the existing licence shall continue to have effect until the time specified in sub-paragraph (6) below.

(5A) On good cause being shown, a licensing authority may, for the purposes of sub-paragraph (5), deem an application for renewal of a licence made up to 28 days after the expiry of the licence to be an application made before the expiry.

(6) The time referred to in sub-paragraphs (4) and (5) above is—

(za) where—

(i) at any time after the application is made, the licensing authority requests the applicant to give it further information for the purpose of enabling it to make a request, or make a further request, under paragraph 3(2)(a) of Schedule 33 to the Finance Act 2021 (request for confirmation of completed tax check) in relation to the application, and

(ii) at the end of the relevant period, the licensing authority continues to be prevented from considering the application by paragraph 3(2) of that Schedule to that Act,

the end of the relevant period; or

(a) the time when the licence applied for under paragraph 1 above is granted or renewed, whether as a result of an appeal under paragraph 18 below or not, or has been deemed to have been granted or renewed; or

(b) where the licensing authority have refused that application, the time within which an appeal under paragraph 18 below against that decision may be made has elapsed; or

(6A) In sub-paragraph (6)(za) “the relevant period” means—

(a) the period of 28 days beginning with the day on which the request under sub-paragraph (6)(za)(i) is made, or

(b) if the final day of that period is earlier than the day on which (disregarding sub-paragraphs (4) and (5)) the licence expires, the period ending with that later day.

(7) Where a relevant objection or representation (within the meaning of paragraph 19 below) has been made in relation to an application for the grant of a licence, that licence shall not, unless it has been deemed to have been granted under section 3(4) of this Act, come into force until—

(a) the time within which an appeal under paragraph 18 below against the grant of the licence may be made has elapsed; or

(b) where such an appeal has been lodged, it has been abandoned or determined in favour of the applicant.

(8) This paragraph is subject to paragraphs 8A and 11 to 14 below.

Notification of changes and alterations

9

(1) Where there is a material change of circumstances affecting a holder of a licence, or the activity to which the licence relates, the holder of the licence shall, in accordance with this paragraph, notify the licensing authority of the change as soon as reasonably practicable after it has taken place.

(2) The holder of a licence which relates to an activity consisting of or including the use of premises, a vehicle or a vessel shall not, unless in accordance with a requirement imposed by or in pursuance of any enactment other than Parts I or II of this Act, make or cause to be made or permit there to be made any material change in the premises or, as the case may be, the vehicle or vessel without the prior consent of the licensing authority.

(3) A notification under sub-paragraph (1) above or application for consent under sub-paragraph (2) above shall be accompanied by such fee as the licensing authority may charge under paragraph 15 below.

(4) A licensing authority, before considering whether or not to give their consent under sub-paragraph (2) above, shall be entitled to require the holder of the licence to furnish them with specifications, including plans, of the proposed changes.

(5) A licensing authority, before deciding whether or not to give their consent under sub-paragraph (2) above, shall consult with the chief constable and, in the case of a change

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) any other premises , with the Scottish Fire and Rescue Service .

(6) Where the licensing authority have given their consent under sub-paragraph (2) above to a change in premises or a vehicle or vessel, it shall not be necessary for the holder of the licence relating to those premises or that vehicle or vessel to notify the licensing authority of that change under sub-paragraph (1) above.

(7) A licensing authority shall, within 7 days of their decision under sub-paragraph (2) above, send written notice of their decision to the holder of the licence and the chief constable and, where the change is

(a) to premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) to any other premises , to the Scottish Fire and Rescue Service .

(8) In this paragraph, a “material change” includes any material change in the particulars given or referred to in the application for the grant, or, where the licence has been renewed, the most recent application for the renewal, of the licence.

Variation, suspension and revocation of licences

10

(1) A licensing authority may, at any time, whether or not upon an application made to them by the holder of the licence, vary the terms of a licence on any grounds they think fit.

(2) A licensing authority, before proceeding to vary the terms of a licence under sub-paragraph (1) above—

(a) shall, not later than 7 days before the day on which the proposed variation is to be considered, notify the holder of the licence, the chief constable and, where the licence relates to an activity wholly or mainly carried on in premises, the Scottish Fire and Rescue Service of the proposed variation; and

(b) shall give each of the persons required to be notified under sub-sub-paragraph (a) above an opportunity to be heard by the authority on that day.

(2A) Where the premises mentioned in sub-paragraph (2)(a) above are premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, that sub-paragraph applies as if the reference to the Scottish Fire and Rescue Service were a reference to the enforcing authority

(3) A licensing authority shall have complied with sub-paragraph (2)(b) above if they have invited each of the persons whom they must notify under that sub-paragraph to attend and to be heard by the authority when the variation of the licence is to be considered.

(4) A licensing authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the holder of the licence and the chief constable and, where the licence relates to an activity wholly or mainly carried on

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises , to the Scottish Fire and Rescue Service .

(5) A variation in the terms of a licence shall come into force—

(a) when the time within which an appeal under paragraph 18 below may be made has elapsed; or

(b) where such an appeal has been lodged, when the appeal has been abandoned or determined in favour of the variation.

(6) Sub-paragraph (5) does not apply to a deemed variation of the terms of a licence under section 3(4).

11

(1) A licensing authority may, whether upon a complaint made to them or not, suspend or revoke a licence in accordance with the provisions of this paragraph.

(2) A licensing authority may order the suspension or revocation of a licence if in their opinion—

(a) the holder of the licence or, where the holder is not a natural person, any director of it or partner in it or any other person responsible for its management, is not or is no longer a fit and proper person to hold the licence;

(b) the activity to which the licence relates is being managed by or carried on for the benefit of a person, other than the licence holder, who would have been refused the grant or renewal of the licence under paragraph 5(3) above;

(c) the carrying on of the activity to which the licence relates has caused, is causing or is likely to cause undue public nuisance or a threat to public order or public safety;

(d) a condition of the licence has been contravened.

(2A) A licensing authority may order the suspension or revocation of a taxi driver's licence or a private hire car driver's licence or a booking office licence if the holder of the licence has, since its grant, been convicted of an immigration offence or required to pay an immigration penalty (see paragraph 20).

(2B) Sub-paragraph (2A) does not apply if—

(a) in a case where the holder of the licence has been convicted of an immigration offence, the conviction is a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974, or

(b) in a case where the holder of the licence has been required to pay an immigration penalty—

(i) more than three years have elapsed since the date on which the penalty was imposed, and

(ii) the amount of the penalty has been paid in full.

(3) A licensing authority may make an order under sub-paragraph (2)(d) above in respect of a contravention of a condition of a licence notwithstanding that there has been no conviction in that respect.

(4) In considering whether to suspend or revoke a licence the licensing authority may—

(a) have regard to—

(i) any misconduct on the part of the holder of the licence, whether or not constituting a breach of any provision of Part I or II of this Act or this Schedule, which in the opinion of the authority has a bearing on his fitness to hold a licence;

(ii) where the licence relates to an activity consisting of or including the use of premises or a vehicle or vessel, any misconduct on the part of persons frequenting or using the premises, vehicle or vessel occurring there or any misconduct in the immediate vicinity of the premises, vehicle or vessel which is attributable to those persons;

(b) make such reasonable inquiries as they think fit and, subject to sub-paragraph (5) below, include the results of their inquiries in the matters to which they have regard in such consideration.

(5) Where a licensing authority intend to include any of the results of their inquiries under sub-paragraph (4)(b) above in the matters to which they have regard for the purposes of sub-paragraph (4) above, they shall notify the holder of the licence of that intention.

(6) A licensing authority may, whether upon an application made to them or not, recall an order to suspend a licence made under this paragraph.

(7) A licensing authority in considering whether or not to suspend or revoke a licence may, but before deciding to do so shall, give—

(a) the holder of the licence;

(b) any person who has made a complaint relevant to the matters to be considered at the hearing;

(d) where the licence relates to an activity wholly or mainly carried on

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises, the Scottish Fire and Rescue Service,

an opportunity to be heard by the licensing authority.

(8) The licensing authority shall have complied with their duty under sub-paragraph (7) above if they have caused to be sent to the persons entitled under that sub-paragraph to an opportunity to be heard, not later that 14 days before the hearing, notice in writing that the authority propose to hold a hearing, together with a copy of any complaints relevant to the matters to be considered at the hearing and a note of the grounds upon which the suspension or revocation of the licence is to be considered and, where they decide to exercise their power under that sub-paragraph, they shall cause such notice, copy and note to be sent to those persons not later than that time.

(9) Where a licensing authority decide to order the suspension or revocation of a licence, the suspension or, as the case may be, revocation shall not, subject to sub-paragraph (10) below, take effect until the expiry of the time within which the holder of the licence may appeal under paragraph 18 below against the suspension or, as the case may be, revocation or, if such an appeal has been lodged, until it has been abandoned or determined in favour of the suspension or, as the case may be, revocation.

(10) If, in deciding to order the suspension or revocation of a licence, a licensing authority determine that the circumstances of the case justify immediate suspension they may, without prejudice to their other powers under this paragraph, order that the licence shall be suspended immediately.

(11) The period of suspension of a licence under this paragraph shall be the unexpired portion of the duration of the licence, or such shorter period as the licensing authority may fix; and the effect of suspension shall be that the licence shall cease to have effect during the period of the suspension.

(12) A licensing authority shall, within 7 days of their decision under sub-paragraph (1) above, send written notice of their decision to the persons referred to in sub-paragraph (7)(a), (c) and (d) above in relation to the licence and to any person who, in pursuance of sub-paragraph (7)(b) above, was heard by the authority before they reached that decision.

12

(1) A licensing authority shall, whether upon a complaint made to them or not, order the suspension under this paragraph of a licence if they are of the opinion that the carrying on of the activity to which the licence relates is causing or is likely to cause a serious threat to public order or public safety.

(2) In considering whether to suspend a licence under this paragraph, a licensing authority may make such reasonable inquiries as they think fit and include the results of their inquiries in the matters to which they have regard in such consideration.

(3) Where a licensing authority intend to include any of the results of their inquiries under sub-paragraph (2) above in the matters to which they have regard for the purposes of this paragraph they shall notify the holder of the licence of that intention.

(4) A licensing authority shall, before reaching a decision on the question whether or not to suspend a licence under this paragraph, consult the chief constable and, where the licence relates to an activity wholly or mainly carried on

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises , the Scottish Fire and Rescue Service .

(5) An order under this paragraph suspending a licence shall have effect from the date on which it is made until whichever is the earlier of the following two dates—

(a) a date six weeks after the order was made;

(b) the date of any decision of the leasing authority whether or not to suspend or revoke the licence under paragraph 11 above.

(6) A licensing authority may, whether upon an application made to them or not, recall an order made under this paragraph.

(7) A licensing authority shall, within 7 days of their decision under sub-paragraph (1) or (6) above, send written notice of their decision to the holder of the licence, the chief constable and, where the licence relates to an activity wholly or mainly carried on

(a) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(b) in any other premises , to the Scottish Fire and Rescue Service .

Supplementary

13

(1) A holder of a licence may at any time surrender the licence to the licensing authority and it shall thereupon cease to have effect.

(2) A holder of a licence shall deliver the licence to the licensing authority—

(a) within 7 days after the coming into effect of a decision of a licensing authority to suspend , revoke or vary the terms of the licence or of a court, under section 7(6)(a) of this Act, to revoke it;

(b) where the licence relates to an activity which he has given up.

(3) A licensing authority shall, on making an order suspending or revoking a licence or on deciding to vary the terms of a licence, cause notice in writing to be given to the holder of the licence of his duty to deliver it under sub-paragraph (2) above.

(4) Where a licence has been surrendered under this paragraph on its revocation under section 7(6)(a) of this Act or its suspension or revocation under this Schedule and the revocation or suspension is quashed or recalled the licensing authority shall re-issue the licence.

14

(1) A licensing authority shall cause to be kept a register of applications under this Schedule (in this paragraph referred to as “the register”) and shall, as soon as reasonably practicable after—

(a) the receipt of each application, cause details of such receipt; and

(b) their final decision on each application, cause details of that decision

to be entered in the register.

(2) The register shall include—

(a) a note of the kind and terms of each licence granted by the licensing authority;

(b) a note of any suspension, variation of the terms, revocation or surrender, of a licence.

(3) The register shall be open to the inspection of any member of the public at such reasonable times and places as may be determined by the licensing authority and any member of the public may make a copy thereof or an extract therefrom.

(4) A licensing authority may, on payment of such fee as they may charge under paragraph 15 below, issue a certified true copy of any entry in the register; and any document purporting to be certified by the proper officer of the licensing authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.

Fees

15

(1) A licensing authority shall, subject to sub-paragraph (2) below—

(a) in respect of applications made to them under this Schedule;

(b) in respect of the issue of certified duplicate licences under paragraph 5(7) above;

(c) in respect of their consideration of a material change of circumstances or in premises or a vehicle or vessel under paragraph 9 above and their disposal of the matter;

(b) in respect of the issue under paragraph 14 above of certified true copies

charge such reasonable fees as they may, in accordance with sub-paragraph (2) below, determine; and the authority may under this sub-paragraph determine different fees for different classes of business, and items of business may be classed for that purpose by reference to any factor or factors whatsoever.

(2) Subject to sub-paragraph (3) below, in determining the amount of the different fees under sub-paragraph (1) above, the licensing authority shall seek to ensure that from time to time the total amount of fees receivable by the authority is sufficient to meet the expenses of the authority in exercising their functions under Parts I and II of this Act and this Schedule.

(3) Sub-paragraph (2) above does not apply in respect of the fees and expenses in respect of which provision is made by section 12 of this Act.

Sending of notice by post

16

When a licensing authority sends by post, for the purposes of paragraphs 5(6), 9(7), 10(4), 11(12), or 12(7), written notice of its decision, it shall be treated as having been sent within the time required if it was posted so that in the normal course of post it might be expected to be delivered to the person concerned within that time.

Notification of decisions and giving of reasons

17

(1) A licensing authority shall, within 10 days of being required to do so under sub-paragraph (2) below, give reasons in writing for arriving at any decision of theirs under this Schedule—

(a) to grant or renew a licence or to refuse to do so;

(b) to consent or to refuse to consent to a material change in any premises, vehicle or vessel;

(d) in relation to paragraph 11 above—

(ai) to revoke a licence or to refuse to do so,

(i) to suspend a licence or to refuse to do so;

(ii) as to the period of suspension;

(iii) ordering immediate suspension;

(e) to suspend a licence under paragraph 12 above or to refuse to do so.

(2) Reasons for a decision referred to in sub-paragraph (1) above shall be given by the licensing authority on a request being made to the authority by a relevant person within 21 days of the date of the decision.

(3) Nothing in this paragraph affects the power of the sheriff under paragraph 18 below to require a licensing authority to give reasons for a decision of the authority—

(a) which is being appealed to the sheriff under that paragraph; and

(b) for which reasons have not been given under this paragraph.

(4) In this paragraph, “relevant person” means—

(a) in respect of a decision specified in sub-paragraph (1)(a) above, the applicant or any person who made a relevant objection or representation (within the meaning of paragraph 19 below) in relation to the application to which the decision relates;

(b) in respect of a decision specified in sub-paragraphs (1)(b) to (e) above , the holder of the licence or the chief constable;

(c) in respect of a decision specified in sub-paragraphs (1)(b) to (e) above which relates to an activity wholly or mainly carried on

(i) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii) in any other premises, the Scottish Fire and Rescue Service;

(d) in respect of a decision to consent or to refuse to consent to a material change

(i) in premises to which Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies, the enforcing authority;

(ii) in any other premises, the Scottish Fire and Rescue Service; and

(e) in respect of a decision specified in sub-paragraph (1)(d) above, any person who, in pursuance of paragraph 11(7)(b) above, was heard by the licensing authority.

Appeals

18

(1) Subject to sub-paragraph (2) below, a person who may, under this Schedule, require a licensing authority to give him reasons for their decision may appeal to the sheriff against that decision.

(2) A person shall be entitled to appeal under this paragraph only if he has followed all such procedures under this Schedule for stating his case to the licensing authority as have been made available to him.

(3) A licensing authority may be a party to an appeal under this paragraph.

(4) An appeal under this paragraph shall be made by way of summary application and shall be lodged with the sheriff clerk within 28 days from the date of the decision appealed against.

(5) On good cause being shown, the sheriff may hear an appeal under this paragraph notwithstanding that it was not lodged within the time mentioned in sub-paragraph (4) above.

(6) For the purposes of an appeal under this paragraph, the sheriff may, in the case of a decision of a licensing authority for which reasons have not been given by the authority under paragraph 17 above, require the authority to give reasons for that decision, and the authority shall comply with such a requirement.

(7) The sheriff may uphold an appeal under this paragraph only if he considers that the licensing authority, in arriving at their decision—

(a) erred in law;

(b) based their decision on any incorrect material fact;

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