Section 98 Termination of closure ordersI1

Scotland

(1)

A F1constable of or above the rank of inspector must terminate a closure order (whether or not an emergency closure order) relating to any licensed premises if F2the constable is satisfied that it is no longer necessary in the interests of public safety for the premises to be closed.

(2)

Where a F3constable terminates a closure order relating to any licensed premises, F4the constable must ensure that notice of the termination is given by a constable to—

(a)

a responsible person, and

(b)

in the case of a closure order made by a Licensing Board, the Board.

(3)

A Licensing Board may—

(a)

on the application of the holder of the premises licence or, as the case may be, occasional licence in respect of any licensed premises to which a closure order made by the Board relates, and

(b)

if satisfied that it is no longer necessary in the interests of public safety for the premises to be closed,

terminate the closure order.

Annotations

Textual amendments

F1: Words in s. 98(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 193(3)(a)(i), 206(1); S.S.I. 2010/413, art. 2, Sch.
F2: Words in s. 98(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 193(3)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch.
F3: Word in s. 98(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 193(3)(b)(i), 206(1); S.S.I. 2010/413, art. 2, Sch.
F4: Words in s. 98(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 193(3)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch.

Commencement

I1: S. 98 in force at 1.9.2009 at 5.00 a.m. by S.S.I. 2007/472, art. 3