# The Immigration (Alcohol Licensing and Late Hours Catering) (Scotland) Regulations 2018, Regulation 35: Amendments to Schedule 1 to the 1982 Act


(1) Schedule 1 to the 1982 Act (licensing – further provisions as to the general system) is amended as follows.
(2) In paragraph 2 (notice of applications) after sub-paragraph (1) insert—
“(1A) A licensing authority shall, as soon as an application for the grant or renewal of a late hours catering licence is made to them, send a copy of the application to the Secretary of State.”.
(3) In paragraph 3 (objections and representations), after sub-paragraph (3B) insert—
“(3C) Where the Secretary of State is given notice under paragraph 2(1A) and is satisfied that granting or renewing the application would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must give the Licensing Board a notice stating the reasons for being so satisfied.
(3D) The Secretary of State must give that notice within the period of 28 days beginning with the day on which the Secretary of State receives a copy of the application under paragraph 2(1A).”.
(4) In paragraph 5 (functions of licensing authority in relation to application for licence)—
(a) after sub-paragraph (3)(a) insert—
“(aa) having regard to any notice by the Secretary of State given under paragraph 3(3C), it is appropriate for the prevention of illegal working in licensed premises to refuse the application;”;
(b) after sub-paragraph (6) insert—
“(6A) In the case of a relevant objection or representation made by the Secretary of State in relation to an application for the grant or renewal of a late hours catering licence, notification shall be made under sub-paragraph (5)(c) within 7 days of the decision to be notified by sending written notice of the decision to the Secretary of State.”.
(5) In paragraph 8 (duration of licences), in sub-paragraph (8) (provisions to which paragraph 8 is subject), after “8A” insert “, 8B”.
(6) After paragraph 8A insert—
“Late hours catering licences for persons subject to immigration control
8B (1) A late hours catering licence ceases to have effect if the person to whom it was granted—
(a) ceases to be entitled to work in the United Kingdom at a time when the person is resident in the United Kingdom, or
(b) becomes resident in the United Kingdom without being entitled to work in the United Kingdom.
(2) Section 42A (persons entitled to work in the United Kingdom) applies for the purposes of this paragraph as it applies for the purposes of section 42(2A).”.
(7) In paragraph 11 (suspension and revocation of licences) in sub-paragraph (2A) (suspension and revocation of certain licences on immigration grounds), after “the suspension or revocation of” insert “a late hours catering licence,”.
(8) In paragraph 18 (appeals) in sub-paragraph (8A) (sheriff may not consider immigration issues on certain appeals), after “an appeal under this paragraph relating to” insert “a late hours catering licence,”.

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Source: https://www.legislation.gov.uk/ukdsi/2018/9780111167991/regulation/35 (the official version)
Page: https://openlegislation.uk/draft-immigration-alcohol-licensing-and-late-hours-catering-scotland-regulations-2018/regulation-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.