The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017

Made: 13th December 2017

Laid before the Scottish Parliament: 15th December 2017

Coming into force: 30th March 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 201(1) and (2) and 206(1) of the Criminal Justice and Licensing (Scotland) Act 2010[^f00001].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 14 and Saving Provision) Order 2017 and comes into force on 30th March 2018.

• (2) In this Order—

• “the 2010 Act” means the Criminal Justice and Licensing (Scotland) Act 2010.

Commencement of section 179 (Premises licence applications: statements about disabled access etc) of the 2010 Act

2

Section 179 of the 2010 Act comes into force on 30th March 2018.

Saving provision

3

Notwithstanding the commencement of section 179 of the 2010 Act, an application for a premises licence received by a Licensing Board on or before 30th March 2018 and which has not been determined at that date shall proceed as if that section has not been commenced.

Signed

MICHAEL MATHESON — A member of the Scottish Government — 13th December 2017

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 179 of Criminal Justice and Licensing (Scotland) Act 2010 (“the 2010 Act”). It also makes a related saving provision.

Article 2 brings section 179 of the 2010 Act into force on 30th March 2018. Section 179 of the 2010 Act amends section 20 of the Licensing (Scotland) Act 2005 (“the 2005 Act”), relating to applications for premises licences. The amendments make provision in relation to the requirement that an application for a premises licence must also be accompanied by a disabled access and facilities statement (as well as an operating plan , a layout plan and any required certificates). The said statement is to be in a prescribed form and contain information about provisions for access to the subject premises by disabled persons, facilities provided therein for the use by disabled persons and any other provision made on or in connection with the subject premises for disabled persons.

Article 3 makes a saving provision in relation to applications for premises licences received by Licensing Boards on or before 30th March 2018 and which have not yet been determined. It provides that such applications do not require to be accompanied by a disabled access and facilities statement.

The Bill for the 2010 Act received Royal Assent on 6th August 2010. Sections 201, 202, 204, 205 and 206 of the 2010 Act came into force the following day.

Footnotes

[^f00001]: 2010 asp 13.