Section 3A Mandatory licence conditionsF1

(1)

The Scottish Ministers may by order made by statutory instrument prescribe conditions to which licences granted by licensing authorities under this Act are to be subject.

(2)

Different conditions may be prescribed under subsection (1)—

(a)

in respect of different licences, or different types of licence,

(b)

otherwise for different purposes, circumstances or cases.

(3)

No order may be made under subsection (1) unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.

(4)

Subsection (1) does not affect any other power of the Scottish Ministers under this Act or any other enactment to prescribe conditions—

(a)

to which licences granted by licensing authorities under this Act are to be subject, or

(b)

to be imposed by licensing authorities in granting or renewing licences under this Act.

(5)

The following conditions are referred to in this Part and Part 2 of this Act as “mandatory conditions”—

(a)

conditions prescribed under subsection (1),

(b)

conditions prescribed under any power referred to in subsection (4), and

(c)

conditions imposed, or required to be imposed, by any provision of this Part or Part 2 of this Act.

(6)

In this section and section 3B, references to licences granted by licensing authorities include references to—

(a)

licences renewed by licensing authorities, and

(b)

licences deemed by virtue of section 3(4) to be granted or renewed by licensing authorities.

Annotations

Textual amendments

F1: Ss. 3A, 3B inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 172(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)

Notes on Part I

Modifications

C1: Pt. 1 modified (3.6.1991) by S.I. 1991/1253, art. 3(2), Sch. (which S.I. was revoked (7.6.2000) by S.S.I. 2000/177, art. 9)
C2: Pt. 1 applied (with modifications) (7.6.2000) by S.S.I. 2000/177, art. 4, Sch. (as amended (1.10.2003) by S.S.I. 2003/463, art. 6)
C3: Pt. 1 applied (with modifications) (2.2.2006) by The Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (S.S.I. 2006/43), arts. 1(1), 3, sch. (as amended (26.3.2026) by S.S.I. 2026/162, arts. 1(2), 2(2))
C4: Pt. 1 applied (with modifications) (3.4.2009) by The Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 (S.S.I. 2009/145), arts. 1(1), 3, sch.
C5: Pt. 1 modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. 1, 5 (with reg. 3)
C6: Pt. 1 applied (with modifications) (1.3.2022) by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), arts. 1, 5(a), sch. 2 Pt. 1 (with art. 7)
C7: Pt. 1 applied (with modifications) (13.2.2026) by The Civic Government (Scotland) Act 1982 (Licensing of Non-surgical Procedures) Order 2026 (S.S.I. 2026/87), arts. 1, 5, sch. 2 (with art. 6)