Scotland - Air Weapons and Licensing (Scotland) Act 2015 - further provisions coming into force
2017
As we have previously reported, the Air Weapons and Licensing (Scotland) Act 2015 made some changes to the Scottish licensing regime. See our article: 'Scotland - Air Weapon and Licensing (Scotland) Act 2015 - Received Royal Assent'.
The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No.6 and Saving Provisions) Order 2017 was laid before the Scottish Parliament on 20 April 2017 and will come into force on 15 May 2017.
It will not bring into force all the remaining licensing provisions but after 15 May 2017 the majority of amendments will be in place. In summary, the provisions coming into force are:
| Sections of the 2015 Act | Subject Matter |
| 41 | Licensing objectives: protecting young persons from harm |
| 43,44,45,46,47 and 48 | Fit and proper person test |
| 50 and 51 | Relevant offences and foreign offences |
| 53 | Offence of supplying alcohol to a child or young person |
| 54 | Meaning of “alcohol”: inclusion of angostura bitters |
| 56 | Duties of Licensing Boards to produce annual reports |
| 57 | Licensing Standards Officers; general function in relation to personal licences |
| 58 | Powers of Licensing Standards Officers |
| 60 | Personal licences: grant, duration and renewal |
| 62 | Forms etc. of communications under the 2005 Act |
| 87 | Minor and consequential amendments and repeals |
| Part 2 of schedule 2, para 4(1), (3), (5) and (7) | Amendments relating to Part 2 |
By virtue of a savings provision in the Order, the following will be unaffected by the changes:
- applications for premises licences received by Licensing Boards before 15 May;
- applications for premises licence transfers received by Licensing Boards before 15 May;
- premises licence Reviews received by Licensing Boards before 15 May;
- personal licence applications received by Licensing Boards before 15 May; and
- hearings under sections 83 or 84 of the 2005 Act where the date of the hearing has been scheduled before 15 May.
We shall keep you updated as to the commencement of the remaining provisions.