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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 513

LICENSING (LIQUOR)

The Licensing (Relevant Offences) (Scotland) Regulations 2007

  Made 15th November 2007 
  Laid before the Scottish Parliament 19th November 2007
  Coming into force 1st February 2008 

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 129(1), 146(2) and 147(1) of the Licensing (Scotland) Act 2005[1] and all other powers enabling them to do so.

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Licensing (Relevant Offences) (Scotland) Regulations 2007 and come into force on 1st February 2008.

    (2) In these Regulations, "the Act" means the Licensing (Scotland) Act 2005.

Relevant offences
    
2. In the Act, "relevant offence" means–

Notification of relevant offences
    
3. Where an offence is a "relevant offence" only by virtue of paragraph (d) of regulation 2 and the sentence of imprisonment is imposed on a date later than that of the conviction in question, sections 24(3), 43(3), 75(2) and 82(2) of the Act are to have effect as if they required notice to be given no later than one month after the date on which the sentence of imprisonment was imposed.


KENNY MACASKILL
A member of the Scottish Executive

St Andrew's House, Edinburgh
15th November 2007



SCHEDULE
Regulation 2


RELEVANT OFFENCES




PART 1

VIOLENT AND SEXUAL OFFENCES

     1. Any offence inferring personal violence.

     2. Any offence which is a "sexual offence" within the meaning of subsection (10) of section 210A of the Criminal Procedure (Scotland) Act 1995 (c.46), as read with subsection (11) of that section.



PART 2

OTHER STATUTORY OFFENCES

     3. An offence under the Pharmacy Act 1954 (c.61).

     4. An offence under the Betting, Gaming and Lotteries Act 1963 (c.2).

     5. An offence under the Firearms Act 1968 (c.27).

     6. An offence under section 1 of the Trade Descriptions Act 1968 (c.29) (false trade description of goods) in circumstances where the goods in question are or include alcohol.

     7. An offence under section 13 of the Theatres Act 1968 (c.54) (performance of play in unlicensed premises).

     8. An offence under section 7(2) of the Gaming Act 1968 (c.65) (allowing child to take part in gaming on premises licensed for the sale of alcohol).

     9. An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c.38)–

     10. An offence under the Immigration Act 1971 (c.77).

     11. An offence under the Poisons Act 1972 (c.66).

     12. An offence under the Health and Safety at Work etc. Act 1974 (c.37).

     13. An offence under the Lotteries and Amusements Act 1976 (c.32).

     14. An offence under the Licensing (Scotland) Act 1976 (c.66).

     15. An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c.2)–

     16. An offence under the Alcoholic Liquor Duties Act 1979 (c.4).

     17. An offence under either of the following provisions of the Tobacco Products Duty Act 1979 (c.7)–

     18. An offence under Part II of the Forgery and Counterfeiting Act 1981 (c.45).

     19. An offence under any of the following provisions of the Civic Government (Scotland) Act 1982 (c.45)–

     20. An offence under the Cinemas Act 1985 (c.13).

     21. An offence under Part I of the Food and Environment Protection Act 1985 (c.48).

     22. An offence under either of the following provisions of Schedule 2B to the Gas Act 1986 (c.44)–

     23. An offence under the Company Directors Disqualification Act 1986 (c.46).

     24. An offence under the Public Order Act 1986 (c.64).

     25. An offence under the Crossbows Act 1987 (c.32).

     26. An offence under the Firearms (Amendment) Act 1988 (c.45).

     27. An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c.48)–

     28. An offence under any of the following provisions of the Road Traffic Act 1988 (c.52)–

     29. An offence under either of the following provisions of the Electricity Act 1989 (c.29)–

     30. An offence under either of the following provisions of the Food Safety Act 1990 (c.16) in circumstances where the food in question is or includes alcohol–

     31. An offence under the National Lottery Etc. Act 1993 (c.39).

     32. An offence under section 92(1) or (2) of the Trade Marks Act 1994 (c.26) (unauthorised use of trade mark, etc. in relation to goods) in circumstances where the goods in question are or include alcohol.

     33. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)–

     34. An offence under section 3 of the Private Security Industry Act 2001 (c.12) (conduct prohibited without a licence).

     35. An offence under the Proceeds of Crime Act 2002 (c.29).

     36. An offence under the Building (Scotland) Act 2003 (asp 8).

     37. An offence under the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

     38. An offence under the Breastfeeding etc. (Scotland) Act 2005 (asp 1).

     39. An offence under the Fire (Scotland) Act 2005 (asp 5).

     40. An offence under either of the following provisions of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)–

     41. An offence under the Licensing (Scotland) Act 2005 (asp 16).

     42. An offence under the Prevention of Terrorism Act 2005 (c.2).

     43. An offence under section 46 of the Gambling Act 2005 (c.19) (invitation to gamble).

     44. An offence under the Terrorism Act 2006 (c.11).



PART 3

OTHER COMMON LAW OFFENCES

     45. The offences at common law of–

     46. The offences at common law of–

     47. The offences at common law of–

     48. The offences at common law of–



EXPLANATORY NOTE

(This note is not part of the Regulations)


Section 129(1) of the Licensing (Scotland) Act 2005 ("the Act") provides power to prescribe by regulations what offences are to count as a "relevant offence" in that Act. That phrase is used in a number of places in the Act – for example, section 21(3) and (4) requires the appropriate chief constable to notify a Licensing Board whether a person applying for a premises licence has or has not been convicted of any relevant offence.

These Regulations specify those offences which are to be relevant offences for the purposes of the Act (regulation 2 and the Schedule). Regulation 3 makes supplemental provision about the timescales for giving notification of a relevant offence in certain cases where a sentence of imprisonment is imposed on a date later than the date of the conviction in question.


Notes:

[1] 2005 asp 16; see the definition of "prescribed" in section 147(1).back



ISBN 978 0 11 080144 5


 © Crown copyright 2007

Prepared 21 November 2007


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