Licensing (Scotland) Act 2005

• (2) There is to be displayed so that it is reasonably visible to customers entering the premises a sign of at least A4 size which–

• (a) states that persons under the age of 18 are not permitted on the premises; or

• (b) states that such persons are permitted on the premises or on such parts of the premises as are specified on the sign.

Baby changing facilities

12

• (1) The condition specified in this paragraph applies only in the case of premises–

• (a) which are not–

• (i) a vehicle;

• (ii) a vessel;

• (iii) a moveable structure; or

• (iv) used wholly or mainly for the purposes referred to in section 125(1);

• (b) on which alcohol is sold for consumption on the premises; and

• (c) to which children under the age of 5 are to be admitted.

• (2) There are to be on the premises facilities for baby changing which are to be accessible to persons of either gender.

Display , or promotion of the sale, of alcohol for consumption off the premises

13

• (1) Subject to sub-paragraph (3), alcohol which is for sale only for consumption off the premises may be displayed only in one or both of the following–

• (a) a single area of the premises agreed between the Licensing Board and the holder of the licence; or

• (b) a single area of the premises which is inaccessible to the public.

• (1A) Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.

• (1B) Any drinks promotion on the premises may take place only in any one or more of the following—

• (a) an area referred to in sub-paragraph (1)(a) and (b),

• (b) a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas.

• (1C) A drinks promotion in connection with the premises may not take place in the vicinity of the premises.

• (1D) For the purposes of sub-paragraph (1C), the “vicinity” means the area extending 200 metres from the boundary of the premises (as shown on the layout plan).

• (2) In an area agreed in terms of sub-paragraph (1)(a), a product other than alcohol may be displayed only if it is–

• (a) a non-alcoholic drink; ...

• (b) packaged with, and may be purchased only along with, alcohol

• (c) a branded non-alcoholic product, or

• (d) a newspaper, magazine or other publication.

• (2A) Sub-paragraph (2) is without prejudice to sub-paragraph (1B).

• (3) This paragraph does not apply in respect of premises—

• (a) whose main function is to provide a visitor attraction, and

• (b) where—

• (i) the premises form part of a larger site which is used principally for the production of alcoholic drinks, or

• (ii) the visitor attraction is used principally to provide information about and promote the history and attributes of a particular alcoholic drink or a particular category of alcoholic drink.

• (4) In this paragraph—

• “branded non-alcoholic product” means a product which does not consist of or contain alcohol and which— bears a name or image of, oris an image of,an alcoholic product (namely, a product consisting of or containing alcohol),

• “drinks promotion” means any activity which promotes, or seeks to promote, the buying of any alcohol sold on the premises for consumption off the premises but does not include the display of any product which is— a branded non-alcoholic product for sale on the premises, ora newspaper, magazine or other publication—for sale on the premises, orif not for sale on the premises, which does not relate only or primarily to alcohol.

24A

• (1) A Licensing Board may, at any time before determining a premises licence application, request the chief constable to give the Board a report detailing—

• (a) all cases of antisocial behaviour indentified within the relevant period by constables as having taken place on, or in the vicinity of, the premises,

• (b) all complaints or other representations made within the relevant period to constables concerning antisocial behaviour on, or in the vicinity of, the premises.

• (2) The chief constable must give the report within 21 days of the request.

• (3) Where the Licensing Board requests a report under subsection (1), the Board must suspend consideration of the application until it receives the report.

• (4) On receipt of the chief constable's report under subsection (2), the Licensing Board must—

• (a) give a copy of the report to the applicant in such manner and by such time as may be prescribed by regulations, and

• (b) resume consideration of the application and determine it in accordance with section 23.

• (5) In this section—

• “ antisocial behaviour ” has the same meaning as in section 143 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), and

• “ relevant period ” means the period of one year ending with the date of the request.

Occasional licence

Connected persons

40A

• (1) A premises licence holder must, not later than one month after a person becomes or ceases to be—

• (a) a connected person in relation to the licence holder, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

give the appropriate Licensing Board notice of that fact.

• (2) A notice under subsection (1) that a person has become a connected person ... must specify—

• (a) the name and address of the person, and

• (b) if the person is an individual, the person's date of birth.

• (3) Where a Licensing Board receives a notice under subsection (1), the Board must give a copy of the notice to the chief constable.

• (4) A premises licence holder who fails, without reasonable excuse, to comply with subsection (1) commits an offence.

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Licensed hours

Further application after refusal of premises licence application

Occasional licence

84A

• (1) If the chief constable considers that any personal licence holder has acted in a manner which is inconsistent with any of the licensing objectives, the chief constable may report the matter to the relevant Licensing Board.

• (2) Where a Licensing Board receives a report from the chief constable under subsection (1), the Board must hold a hearing.

• (3) Subsections (6), (6A), (7), (7A) and (8) of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84.

• (4) In subsection (1), “ relevant Licensing Board ” has the meaning given in section 83(11).

Exclusion orders

Notification of application to chief constable and Licensing Standards Officer

Sale of alcohol to a child or young person

Exempt premises

134A

• (1) A person who knowingly makes a false statement in an application under this Act commits an offence.

• (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

141A

• (1) It is a defence for a person charged with an offence to which this section applies to prove that the person—

• (a) did not know that the offence was being committed, and

• (b) exercised all due diligence to prevent the offence being committed.

• (2) This section applies to an offence under any of the following provisions of this Act—

• section 1(3)(b),

• section 103(1),

• section 106(2),

• section 107(1),

• section 118(1),

• section 120(2) or (3),

• section 121(1),

• section 127(4),

• section 128(5).

141B

• (1) Subsection (2) applies where, on or in relation to any licensed premises, a person commits an offence to which this section applies while acting as the employee or agent of—

• (a) the holder of the premises licence, or

• (b) an interested party.

• (2) The holder of the premises licence or, as the case may be, the interested party is also guilty of the offence and liable to be proceeded against and punished accordingly.

• (3) It is a defence for a holder of a premises licence or an interested party charged with an offence to which this section applies by virtue of subsection (2) to prove that the holder of the licence or, as the case may be, the interested party—

• (a) did not know that the offence was being committed by the employee or agent, and

• (b) exercised all due diligence to prevent the offence being committed.

• (4) Proceedings may be taken against the holder of the premises licence or the interested party in respect of the offence whether or not proceedings are also taken against the employee or agent who committed the offence.

• (5) This section applies to an offence under any of the following provisions of this Act—

• section 1(3),

• section 15(5),

• section 63(1),

• section 97(7),

• section 102(1),

• section 103(1),

• section 106(2),

• section 107(1),

• section 108(2) or (3),

• section 113(1),

• section 114,

• section 115(2),

• section 118(1),

• section 119(1),

• section 120(2),

• section 121(1),

• section 138(5).

39A

• (1) Where a Licensing Board, at a review hearing—

• (a) decides to take one of the steps mentioned in section 39(2), ...

• (b) decides not to take one of those steps, or

• (c) decides to revoke a premises licence under section 39(2A),

the Board must give notice of the decision to each of the persons mentioned in subsection (2).

• (2) The persons referred to in subsection (1) are—

• (a) the holder of the premises licence, and

• (b) where the decision is taken in connection with a premises licence review application, the applicant.

• (3) Where subsection (1)(a) applies, the holder of the premises licence may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.

• (4) Where—

• (a) subsection (1)(a) or (b) applies, and

• (b) the decision is taken in connection with a premises licence review application,

the applicant may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the decision.

• (5) Where the clerk of a Board receives a notice under subsection (3) or (4), the Board must issue a statement of the reasons for the decision to—

• (a) the person giving the notice, and

• (b) any other person to whom the Board gave notice under subsection (1).

• (6) A statement of reasons under subsection (5) must be issued—

• (a) by such time, and

• (b) in such form and manner,

as may be prescribed.

70A

• (1) On granting an extended hours application under section 68(1) in respect of a premises licence, the Licensing Board may make such variation of the conditions to which the licence is subject as the Board considers necessary or expedient for the purposes of any of the licensing objectives.

• (2) A variation made under subsection (1)—

• (a) may have effect only in relation to a period of licensed hours which is extended under section 68(1), and

• (b) ceases to have effect at the end of the period for which the extension of the licensed hours has effect under section 68(2).

• (3) In subsection (1), “variation” includes addition, deletion or other modification.

Closure orders

Sale of alcohol to a child or young person

Drunk persons entering or in premises on which alcohol is sold

Excluded premises

Effect of appeal against conviction for relevant or foreign offence

27A

• (1) A Licensing Board may, in relation to any prescribed matter, make a variation of the conditions to which a premises licence in respect of licensed premises within its area is subject.

• (2) The Scottish Ministers may not, under subsection (1), prescribe the age at which persons aged 18 or over may purchase alcohol as a matter in respect of which the conditions to which a premises licence is subject may be varied under this section.

• (3) A variation under subsection (1) may apply to—

• (a) all licensed premises,

• (b) particular licensed premises,

• (c) licensed premises within particular parts of its area, or

• (d) licensed premises of a particular description.

• (4) A variation under subsection (1) has effect for such period as the Board may specify in it.

• (5) The Board may make a variation under subsection (1) only where it is satisfied that the variation is necessary or expedient for the purposes of any of the licensing objectives.

• (6) Before making a variation under subsection (1), the Board must—

• (a) publish, in the prescribed manner, notice of the proposed variation, and

• (b) give notice of the proposed variation to—

• (i) the persons mentioned in section 21(1)(b), (c), (ca), (d) and (e), and

• (ii) the holders of premises licences in respect of premises to which the proposed variation would apply.

• (7) A notice under subsection (6) must state that any person may, by notice to the Licensing Board, make representations to the Board concerning the proposed variation before such date as the Board specifies in the notice under subsection (6).

• (8) If the Board receives any representations before the date specified, the Board—

• (a) must hold a hearing in relation to the proposed variation, and

• (b) may give such persons who have made representations as the Board considers appropriate an opportunity to be heard at the hearing.

• (9) Where a Licensing Board makes a variation under subsection (1), the Board must—

• (a) amend the premises licence,

• (b) within the period of one month, give notice of the variation to—

• (i) the chief constable, and

• (ii) the holders of premises licences in respect of premises to which the variation applies,

• (c) send a copy of the variation to the address of the premises to which the variation applies, and

• (d) publicise the variation in such manner as the Board thinks fit.

• (10) A variation under subsection (1) does not have effect unless notice under subsection (9)(b)(ii) has been given.

• (11) In subsection (1), the power to make a variation of the conditions to which a premises licence is subject includes—

• (a) a power to make a revocation of such a variation in the same manner and subject to the same conditions, duties and limitations as the variation, and

• (b) a power to make a variation (or a revocation of a variation) of the conditions to which a provisional premises licence is subject.

Determination of extended hours application

Licensed hours

Effect of appeal against conviction for relevant or foreign offence

Personal licence

Issue of licence and summary

6B

• (1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises.

• (2) Sub-paragraph (1) applies—

• (a) only where each of the alcoholic products is for sale on the premises separately, and

• (b) regardless of whether or not the package also contains any item which is not an alcoholic product.

• (3) In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale.

7A

Where the price at which any alcohol sold on the premises for consumption off the premises is varied—

• (a) the variation (referred to in this paragraph as “ the earlier price variation ”) may be brought into effect only at the beginning of a period of licensed hours, and

• (b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

Age verification policy

9A

• (1) There must be an age verification policy in relation to the sale of alcohol on the premises.

• (2) An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“the customer”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).

• (3) The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.

5B

• (1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale.

• (2) Sub-paragraph (1) applies—

• (a) only where each of the alcoholic products is for sale on the premises separately, and

• (b) regardless of whether or not the package also contains any item which is not an alcoholic product.

• (3) In this paragraph, “ alcoholic product ” means a product containing alcohol and includes the container in which alcohol is for sale.

6A

Where the price at which any alcohol sold on the premises for consumption off the premises is varied—

• (a) the variation (referred to in this paragraph as “ the earlier price variation ”) may be brought into effect only at the beginning of a period of licensed hours, and

• (b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

Age verification policy

9

• (1) There must be an age verification policy in relation to the sale of alcohol on the premises.

• (2) An “age verification policy” is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises (“ the customer ”) if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).

• (3) The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.

Sale of alcohol to a child or young person

Determination of extended hours application

Closure orders

Chief constables' reports

12A

• (1) The chief constable must, as soon as practicable after the end of each financial year, send a report to each Licensing Board ... setting out—

• (a) the chief constable's views about matters relating to policing in connection with the operation of this Act in the Board's area during that year and the following year, and

• (b) any steps the chief constable—

• (i) has taken during that year,

• (ii) intends to take in the following year,

to prevent the sale or supply of alcohol to children or young people in that area.

• (2) The chief constable must also send a copy of the report to the Local Licensing Forum for the Board's area.

• (3) If a Licensing Board or Local Licensing Forum so requests, the chief constable (or other constable nominated by the chief constable) must attend a meeting of the Board or Forum to discuss the report.

Further application after refusal of premises licence application

Expiry of endorsements

Exclusion orders

Objections and representations

Extended hours applications: variation of conditions

Excluded premises

Determination of extended hours application

Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives

Meaning of “alcohol”

9A

• (1) Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.

• (2) A report under this section must include—

• (a) a statement explaining how the Board has had regard to—

• (i) the licensing objectives, and

• (ii) their licensing policy statement and any supplementary licensing policy statement (including the Board's statement under section 7(1) (duty to assess overprovision)),

in the exercise of their functions under this Act during the financial year,

• (b) a summary of the decisions made by (or on behalf of) the Board during the financial year, and

• (c) information about the number of licences held under this Act in the Board's area (including information about the number of occasional licences issued during the year).

• (3) A report under this section may include such other information about the exercise of the Licensing Board's functions under this Act as the Board consider appropriate.

• (4) At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.

• (5) In discharging their duties under subsection (1) and section 9B(1) (annual financial report), a Licensing Board may, if they consider it appropriate, prepare and publish a combined report containing the information required under this section and under section 9B (which combined report must be published not later than 3 months after the end of the financial year in question).

• (6) The Scottish Ministers may by regulations make further provision about reports under this section including, in particular, provision about—

• (a) the form and required content of reports,

• (b) the publication of reports.

• (7) In this section, “ financial year ” means a yearly period ending on 31 March.

9B

• (1) Each Licensing Board must prepare and publish a report not later than 3 months after the end of each financial year.

• (2) A report under this section must include—

• (a) a statement of—

• (i) the amount of relevant income received by the Licensing Board during the financial year, and

• (ii) the amount of relevant expenditure incurred in respect of the Board's area during the year, and

• (b) an explanation of how the amounts in the statement were calculated.

• (3) For the purposes of subsection (2)—

• “ relevant income ”, in relation to a Licensing Board, means income received by the Board in connection with the exercise of the Board's functions under or by virtue of— this Act, or section 14(1) of the Alcohol etc. (Scotland) Act 2010 (social responsibility levy) in so far as relating to holders of premises licences or occasional licences, and

• “ relevant expenditure ”, in relation to a Licensing Board, means any expenditure— which is attributable to the exercise of the Board's functions under or by virtue of—this Act, or section 14(1) of the Alcohol etc. (Scotland) Act 2010 (social responsibility levy) in so far as relating to holders of premises licences or occasional licences, and which is incurred by—the Board,the relevant council, orthe Licensing Standards Officer (or Officers) for the Board's area.

• (4) At the request of a Licensing Board the relevant council must provide the Board with such information as the Board may reasonably require for the purpose of preparing a report under this section.

• (5) The Scottish Ministers may by regulations make further provision about reports under this section including provision—

• (a) about the form and content of reports including, in particular—

• (i) how a statement required under subsection (2) is to be set out, and

• (ii) what constitutes relevant income and relevant expenditure for the purposes of subsection (2), and

• (b) the publication of reports.

• (6) Regulations under subsection (5)(a) may modify subsection (3).

• (7) In this section, “ financial year ” means a yearly period ending on 31 March.

General functions of Local Licensing Forums

39B

• (1) This section applies where a Licensing Board decides to revoke a premises licence under section 39(2A).

• (2) The Board must recall the revocation if—

• (a) a relevant application is made before the end of the period referred to in section 39(2B) (“the 28 day period”), and

• (b) the Board grants the application.

• (3) The Board may extend the 28 day period pending determination of a relevant application.

• (4) In this section, “relevant application” means—

• (a) an application under section 33(1) for the transfer of the premises licence, or

• (b) a premises licence variation application seeking a variation of the licence that the Board considers would remove the ground on which the licence was revoked under section 39(2A).

• (5) This section does not affect the right to appeal against the decision to revoke the licence under section 39(2A).

73A

• (1) Where a Licensing Board receive a personal licence application, the Board must give notice of it, together with a copy of the application, to a Licensing Standards Officer for the Board's area.

• (2) A Licensing Standards Officer may, within 21 days of the date of receipt of a notice under subsection (1), respond to the notice by giving the Licensing Board any information in relation to the applicant that the Officer considers may be relevant to consideration by the Board of the application.

• (2A) If a Licensing Standards Officer intends to respond to a notice but is, for a reason relating to coronavirus, unable to do so within 21 days of receipt of the notice—

• (a) the Officer must, within that period, make the Licensing Board aware of that situation, and

• (b) if the Officer responds to the notice after the end of that period, the Board may take the response into account if the Board considers it reasonable to do so.

Power of Licensing Standards Officers to report conduct inconsistent with the licensing objectives

84B

• (1) If a Licensing Standards Officer considers that any personal licence holder who is or was working in licensed premises in the Officer's area has acted in a manner which is inconsistent with any of the licensing objectives, the Officer may report the matter to the relevant Licensing Board.

• (2) Where a Licensing Board receives a report from a Licensing Standards Officer under subsection (1), the Board may hold a hearing.

• (3) Subsections (6), (6A), (7), (7A) and (8) of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84.

• (4) In subsection (1), “relevant Licensing Board” has the meaning given in section 83(11).

Closure orders

104A

• (1) A person, other than a child or young person, who—

• (a) buys or attempts to buy alcohol—

• (i) on behalf of a child, or

• (ii) for a child, or

• (b) gives alcohol (or otherwise makes it available) to a child,

commits an offence.

• (2) Subsection (1)(a)(ii) and (b) does not apply to the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a child—

• (a) for consumption other than in a public place, or

• (b) for the purposes of religious worship.

• (3) In subsection (2)(a), “public place” includes—

• (a) relevant premises,

• (b) any place to which the public have access for the time being (whether on payment of a fee or otherwise), and

• (c) any place to which the public do not have access but to which the child unlawfully gains access.

• (4) A person who commits an offence under subsection (1) is liable on summary conviction to—

• (a) a fine not exceeding level 5 on the standard scale,

• (b) imprisonment for a term not exceeding 3 months, or

• (c) both.

104B

• (1) A person, other than a child or young person, who knowingly—

• (a) buys or attempts to buy alcohol—

• (i) on behalf of a young person, or

• (ii) for a young person, or

• (b) gives alcohol (or otherwise makes it available) to a young person,

commits an offence.

• (2) Subsection (1)(a)(ii) and (b) does not apply to—

• (a) the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a young person—

• (i) for consumption other than in a public place, or

• (ii) for the purposes of religious worship, or

• (b) the buying, or (as the case may be) giving or making available, of beer, wine, cider or perry for consumption by a young person along with a meal supplied on relevant premises.

• (3) In subsection (2)(a)(i), “public place” includes—

• (a) relevant premises,

• (b) any place to which the public have access for the time being (whether on payment of a fee or otherwise), and

• (c) any place to which the public do not have access but to which the young person unlawfully gains access.

• (4) A person who commits an offence under subsection (1) is liable on summary conviction to—

• (a) a fine not exceeding level 5 on the standard scale,

• (b) imprisonment for a term not exceeding 3 months, or

• (c) both.

Closure orders

Effect of appeal against conviction for relevant or foreign offence

Index of defined expressions

6A

• (1) Alcohol must not be sold on the premises at a price below its minimum price.

• (2) Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.

• (3) The minimum price of alcohol is to be calculated according to the following formula—

$$MPU × S× V × 100$where—MPU is the minimum price per unit,S is the strength of the alcohol, andV is the volume of the alcohol in litres.$

• (4) The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).

• (5) For the purposes of sub-paragraph (3), where—

• (a) the alcohol is contained in a bottle or other container, and

• (b) the bottle or other container is marked or labelled in accordance with relevant labelling provisions,

the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.

• (6) The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).

5A

• (1) Alcohol must not be sold on the premises at a price below its minimum price.

• (2) Where alcohol is supplied together with other products or services for a single price, sub-paragraph (1) applies as if the alcohol were supplied on its own for that price.

• (3) The minimum price of alcohol is to be calculated according to the following formula—

$$MPU × S × V × 100$where—MPU is the minimum price per unit,S is the strength of the alcohol, andV is the volume of the alcohol in litres.$

• (4) The Scottish Ministers are to specify by order the minimum price per unit for the purposes of sub-paragraph (3).

• (5) For the purposes of sub-paragraph (3), where—

• (a) the alcohol is contained in a bottle or other container, and

• (b) the bottle or other container is marked or labelled in accordance with relevant labelling provisions,

the strength is taken to be the alcoholic strength by volume as indicated by the mark or label.

• (6) The Scottish Ministers are to specify by order the enactments which are relevant labelling provisions for the purposes of sub-paragraph (5).

Determination of extended hours application

Repeals

Effect of appeal against conviction for relevant or foreign offence

Index of defined expressions

Expiry of endorsements

Termination of closure orders

Obtaining of alcohol by or for a drunk person

Appeals

133A

• (1) A Licensing Board may determine that a hearing is to be held—

• (a) in person,

• (b) wholly through the use of remote facilities, or

• (c) partly in person and partly through the use of remote facilities.

• (2) When determining how a hearing is to be held, a Licensing Board must take account of any views given on that issue by any person who notifies the Board of an intention to participate in the hearing.

• (3) In subsection (1), “remote facilities” means any equipment or facility which—

• (a) enables persons who are not in the same place to participate in the hearing, and

• (b) enables those persons to speak to and be heard by each other (whether or not it enables those persons to see and be seen by each other).