The Scottish Government

« Previous | Contents | Next »

Listen

8. Personal Licences

Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Personal Licence (Scotland) Regulations 2006

Made - - - - 2006

Laid before the Scottish Parliament 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by sections 76, 134, 146(2) and 147(1) of the Licensing (Scotland) Act 2005( ²²) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Personal Licence (Scotland) Regulations 2006 and shall come into force on 2006.

Form of personal licence

2. A personal licence is to be in the form set out in Schedule 1 and is to have attached to it a photograph of the licence holder.

Application for a personal licence

3. -(1) A personal licence application or a personal licence renewal application is to be-

(a) in the form set out in Schedule 2; and
(b) accompanied by-
(i) evidence that the applicant possesses a licensing qualification; and
(ii) two photographs of the applicant which comply with paragraph (2) and one of which has a statement on it in accordance with paragraph (3).

(2) The two photographs of the applicant must-

(a) measure 45 millimetres by 35 millimetres;
(b) be on photographic paper;
(c) be taken against a light background; and
(d) show the full face of the applicant, without the applicant wearing sunglasses or any head covering (unless the applicant wears such a covering on account of a religious belief).

^{(22) 2005 asp 16; see the definition of "prescribed" in section 147(1).}

(3) One photograph of the applicant must have on the back of it a statement signed by a solicitor, or by a person appearing to the Licensing Board to be a person of standing in the community, certifying that the photograph is that of the applicant.

4. A personal licence application or a personal licence renewal application must be made in writing or, if the Licensing Board to which the application is made so agrees, by electronic transmission.

Schedule 4

Regulation 2

Annex A Training record

Annex B Convictions for relevant and foreign offences

Annex C Endorsements

Schedule 5

Regulation 3(1)(a)

Notes

Information on the Licensing (Scotland) Act 2005 is available on the website of the Scottish Parliament ( http://www.opsi.gov.uk/legislation/scotland/acts2005/20050016.htm)

1. Licensing qualifications

Licensing qualifications are dealt with in section 91 of the Licensing (Scotland) Act 2005. In summary, to be eligible for a personal licence, an applicant must be aged 18 or over and possess a licensing qualification, and no personal licence previously held by the applicant must have been revoked within the period of 5 years ending with the day on which the application was received by the Licensing Board.

2. Convictions

Section 75 of the Act places a duty on an applicant for a personal licence to notify the Licensing Board if he or she has been convicted of any relevant or foreign offence during the time between making the application and the application being determined by the Licensing Board. Furthermore, section 82 of the Act requires personal licence holders to notify their Licensing Board of any convictions for relevant or foreign offences within one month of the licence holder being convicted.

« Previous | Contents | Next »