Scotland - increasing the powers of Licensing Standard Officers

The catchily titled Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 15 and Saving Provision) and the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 8) Order 2018 was laid before the Scottish Parliament on 23 March 2018 and will come into force on 29 June 2018. It can be found here.

The Order brings into force certain provisions of the Criminal Justice and Licensing (Scotland) Act 2010 and the Air Weapons and Licensing (Scotland) Act 2015.

The most noteworthy change is that section 197 of the 2010 Act amends the Licensing (Scotland) Act 2005 to increase the powers of Licensing Standard Officers.

From 29 June 2018, they will not only have powers of entry and inspection but will be able to take copies of, or of an entry in, any document found on the premises and seize and remove any substances, articles or documents found on the premises.

The Order also makes a saving provision in relation to inspections and investigations by Licensing Standards Officers commenced prior to 29 June, which have not yet concluded providing that any such inspection and investigation shall proceed as if section 197 had not been commenced.