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The Licensing (Closure Orders) (Scotland) Regulations 2007

S.S.I. 2007/35 · Made 31 January 2007

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 31st January 2007

Laid before the Scottish Parliament 2nd February 2007

Coming into force 1st September 2009

The Scottish Ministers, in exercise of the powers conferred by sections 100, 134 and 146(2) of the Licensing (Scotland) Act 2005f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

2005 asp 16.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Closure orders
  3. 3Emergency closure orders etc.
  4. 4Termination of closure orders
  5. 5Notice by senior police officer
  6. Signature
  7. Schedule 1Schedule 1
  8. Schedule 2EMERGENCY CLOSURE ORDER MADE UNDER SECTION 97 OF THE LICENSING (SCOTLAND) ACT 2005
  9. Schedule 3Schedule 3
  10. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Licensing (Closure Orders) (Scotland) Regulations 2007 and shall come into force on 1st September 2009.

(2)

In these Regulations, “the Act” means the Licensing (Scotland) Act 2005.

2Closure orders

(1)

An application to a Licensing Board under paragraph (a) of section 97(1) of the Act is to be in the form set out in Parts A and B of Schedule 1.

(2)

A closure order made under subsection (1) of section 97 of the Act is to be in the form set out in Part C of Schedule 1.

3Emergency closure orders etc.

(1)

An emergency closure order made under subsection (2) of section 97 of the Act is to be in the form set out in Part 1 of Schedule 2.

(2)

The notice to be given under subsection (3) of section 99 of the Act is to be in the form set out in Part 2 of Schedule 2.

(2)

The notice to be given under subsection (2) of section 98 of the Act is to be in the form set out in Part 3 of Schedule 2.

4Termination of closure orders

(1)

An application to a Licensing Board under paragraph (a) of section 98(3) of the Act is to be in the form set out in Parts A and B of Schedule 3.

(2)

A Licensing Board is to give to the applicant notice of its decision on such an application and such notice is to be in the form set out in Part C of Schedule 3.

5Notice by senior police officer

As soon as practicable after a senior police officer has–

(a)

made an emergency closure order under section 97(2) of the Act;

(b)

terminated such an order under section 98(1) of the Act; or

(c)

extended such an order under section 99(1) of the Act,

that officer is to give notice of the order, termination or extension to the Licensing Board in the area of which the premises in question are situated.

Signature

GEORGE LYON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

31st January 2007

Schedule 1

Schedule 2EMERGENCY CLOSURE ORDER MADE UNDER SECTION 97 OF THE LICENSING (SCOTLAND) ACT 2005

Schedule 3

Explanatory note

(This note is not part of the Regulations)

Sections 97 to 101 of the Licensing (Scotland) Act 2005 make provision as to the circumstances in which closure orders may be made in respect of licensed premises in consequence of actual or likely disorder or in the interests of public safety. Those sections provide as to when a closure order may be made by a Licensing Board or a senior police officer. These Regulations set out the forms to be used when applying for or making such orders and make provision as to connected matters.