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The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017

S.S.I. 2017/119 · Made 18 April 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Licensing (liquor)

Made 18th April 2017

Laid before the Scottish Parliament 20th April 2017

Coming into force 15th May 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by section 88(2) and (3) of the Air Weapons and Licensing (Scotland) Act 2015f1.

Annotations to the whole text

Footnotes

f1

2015 asp 10.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Appointed day
  3. 3Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act
  4. 4Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act
  5. 5Saving provision: section 50 and 51 of the 2015 Act
  6. Signature
  7. Schedule PROVISIONS OF THE 2015 ACT WHICH COME INTO FORCE ON 15TH MAY 2017
  8. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 6 and Saving Provisions) Order 2017 and comes into force on 15th May 2017.

(2)

In this Order—

  • “the 2015 Act” means the Air Weapons and Licensing (Scotland) Act 2015; and

  • “Licensing Board” means a Board continued in existence by or established under section 5 of the 2005 Act.

2Appointed day

(1)

15th May 2017 is the day appointed for the coming into force of the provisions of the 2015 Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table).

(2)

Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 15th May 2017 for that purpose only.

3Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act

(1)

Despite the commencement of sections 43, 44, 45, 46, 47 and 48 of the 2015 Act, the amendments made by those sections have no effect in relation to—

(a)

an application for a premises licence received by a Licensing Board before 15th May 2017;

(b)

an application for the transfer of a premises licence received by a Licensing Board before 15th May 2017;

(c)

a premises licence review application received by a Licensing Board before 15th May 2017;

(d)

a premises licence review proposal initiated by a Licensing Board before 15th May 2017;

(e)

an application for a personal licence received by a Licensing Board before 15th May 2017;

(f)

an application for a renewal of a personal licence received by a Licensing Board before 15th May 2017; and

(g)

a hearing under sections 83 or 84 of the 2005 Act where the date of the hearing has been scheduled before 15th May 2017.

(2)

In this article—

  • “premises licence review application” has the same meaning given in section 36 of the 2005 Act;

  • “premises licence review proposal” has the same meaning given in section 37 of the 2005 Act.

4Saving provisions: section 43, 44, 45, 46, 47 and 48 of the 2015 Act

(1)

Where a Licensing Board makes a relevant decision prior to 15th May 2017, the amendments made by section 43, 44, 45, 46, 47 and 48 of the 2015 Act have no effect in relation to an appeal against that decision under section 131 of, and schedule 5 to, the 2005 Act.

(2)

In this article a “relevant decision” is a decision to—

(a)

refuse a premises licence application;

(b)

refuse an application for the transfer of a premises licence;

(c)

revoke a premises licence upon review;

(d)

refuse a personal licence application; and

(e)

revoke a personal licence under sections 83 or 84 of the 2005 Act.

5Saving provision: section 50 and 51 of the 2015 Act

Despite the commencement of section 50 and 51 of the 2015 Act, the amendments made by those sections to the 2005 Act have no effect in relation to a notice received by the Licensing Board from the chief constable, under section 44 or section 83 of the 2005 Act, prior to 15th May 2017.

Signature

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

18th April 2017

PROVISIONS OF THE 2015 ACT WHICH COME INTO FORCE ON 15TH MAY 2017

Column 1

Provisions of the 2015 Act

Column 2

Subject matter

Column 3

Purpose
Section 41Licensing objectives: protecting young persons from harm
Section 43, 44, 45, 46, 47 and 48Fit and proper person test
Section 50 and 51Relevant offences and foreign offences
Section 53Offence of supplying alcohol to a child or young person
Section 54Meaning of “alcohol”: inclusion of angostura bitters
Section 56Duties of Licensing Boards to produce annual reportsFor the purposes of inserting section 9B into the 2005 Act and amending s.146 of the 2005 Act
Section 57Licensing Standards Officers; general function in relation to personal licences
Section 58Powers of Licensing Standards Officers
Section 60Personal licences: grant, duration and renewalFor all remaining purposes
Section 62Forms etc. of communications under the 2005 Act
Section 87Minor and consequential amendments and repealsFor the purposes of giving effect to Part 2 of schedule 2
Part 2 of schedule 2, paragraph 4(1), (3), (5) and (7)Amendments relating to Part 2

Explanatory note

(This note is not part of the Order)

This Order brings into force the following provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the Act”): sections 41, 43-48, 50, 51, 53, 54, 56 (for limited purposes), 57, 58, 60 (for all remaining purposes), 62, 87 (for limited purposes) and Part 2 of schedule 2, paragraph 4(1), (3), (5) and (7). The provisions are brought into force on 15th May 2017 (article 2).

Articles 3 and 5 contain savings provisions.

Article 3 of the Order makes a saving provision that has the effect that, despite the commencement of sections 43 to 48 of the 2015 Act, the amendments therein shall not apply to the consideration of certain applications or hearings received, initiated or scheduled prior to 15th May 2017.

This includes an application for a premises licence (under section 20 of the 2005 Act); an application for the transfer of a premises licence (under section 33 or 34 of the 2005 Act); a premises licence review application (under section 36 of the 2005 Act); a premises licence review proposal initiated by a Licensing Board (under section 37 of the 2005 Act); an application for a personal licence (under section 72 of the 2005 Act); and an application for a renewal of a personal licence (under section 78 of the 2005 Act). Finally, this article provides that a hearing under sections 83 or 84 of the 2005 Act is unaffected where the date of the hearing has been scheduled before 15th May 2017.

Article 4 of the Order makes a saving provision that has the effect that despite the commencement of sections 43 to 48 of the 2015 Act, the amendments therein shall not apply to the consideration of certain appeals to decisions made by Licensing Boards, where those decisions were made prior to 15th May 2017.

This includes a decision to refuse a premises licence application (under section 23 of the 2005 Act); a decision to refuse an application for the transfer of a premises licence (under section 33 of the 2005 Act); a decision to revoke a premises licence upon review (under section 39 of the 2005 Act); a decision to refuse a personal licence application (under section 74 of the 2005 Act); and a decision to revoke a personal licence (under section 83 or 84 of the 2005 Act).

Article 5 of the Order makes a saving provision that has the effect that despite the commencement of sections 50 and 51 of the 2015 Act, the amendments therein shall not apply where the Licensing Board has received a notice from the chief constable in relation to a premises or personal licence, prior to 15th May 2017.

The Bill for the Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the Act came into force on the following day.