Back to the Scottish Parliament Business Bulletin No. 69/2010: Tuesday 27 April 2010
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Section G – Bills

New amendments to Bills lodged on 26 April 2010

Criminal Justice and Licensing (Scotland) Bill – Stage 2

After section 136

James Kelly

698 After section 136, insert—

<24 hour licences: refusal, revocation etc. on advice or recommendation of Local Licensing Forum

(1) The 2005 Act is amended as follows.

(2) In section 64 (24 hour licences to be granted only in exceptional circumstances)—

(a) in subsection (1), for "Subsection (2) applies" substitute "Subsections (2) to (4) apply",

(b) in subsection (2), at the end insert "(the granting of any such application being referred to in this section and section 64A as "24 hour licensing")", and

(c) after subsection (2) insert—

"(3) In reaching a decision under subsection (2), the Licensing Board must have regard to any advice given or recommendations made by the Local Licensing Forum for the Board’s area that allowing 24 hour licensing in the area in which the subject premises are situated would be inappropriate or undesirable.

(4) Where the Local Licensing Forum has not, at the time the application is made, given any advice or made any recommendations about the appropriateness or desirability of allowing 24 hour licensing, the Licensing Board may invite it to do so before reaching a decision under subsection (2).".

(3) After that section insert—

"64A Revocation etc. of 24 hour licence on advice or recommendation of Local Licensing Forum

(1) This section applies where—

(a) a Licensing Board has granted, under section 64, an application for 24 hour licensing, and

(b) the Local Licensing Forum for the Board’s area subsequently gives advice or makes recommendations to the Board to the effect that 24 hour licensing in the area in which the subject premises are situated is inappropriate or undesirable.

(2) The Licensing Board—

(a) must have regard to the advice or recommendations of the Local Licensing Forum, and

(b) may either revoke the licence or vary it so as to restrict the licensed hours during which alcohol may be sold on the premises to a continuous period of less than 24 hours.".>

After section 138

Kenny MacAskill

699 After section 138, insert—

<Powers of Licensing Standards Officers

(1) Section 15 of the 2005 Act is amended as follows.

(2) The section title becomes "Powers of entry, inspection and seizure".

(3) In subsection (2)—

(a) the word "and" immediately preceding paragraph (b) is repealed, and

(b) after that paragraph insert—

"(c) power to take copies of, or of an entry in, any document found on the premises, and

(d) power to seize and remove any substances, articles or documents found on the premises.".

(4) In subsection (3)—

(a) for "either" substitute "any", and

(b) in paragraph (b), after "information" insert "or explanation".

(5) After subsection (4) insert—

"(4A) Subsection (3)(c) includes power to require any document which is stored in electronic form and which is accessible from the premises to be produced in a form—

(a) in which it is legible, and

(b) in which it can be removed from the premises.

(4B) Nothing in subsection (3) requires a person to produce any document if the person would be entitled to refuse to produce that document in any proceedings in any court on the grounds of confidentiality of communications.

(4C) Nothing in subsection (3) requires a person to provide any information or explanation or produce any document if to do so would incriminate that person or that person’s spouse or civil partner.".

(6) After subsection (6) insert—

"(7) The Scottish Ministers may by regulations make further provision about the procedure to be followed in the exercise of a power under this section.

(8) Where a Licensing Standards Officer seizes any substance, article or document under subsection (2)(d), the Officer must leave on the premises a notice—

(a) stating what was seized, and

(b) explaining why it was seized.

(9) The Scottish Ministers may by regulations make provision about the treatment of substances, articles or documents seized under subsection (2)(d).

(10) Regulations under subsection (9) may, in particular, make provision—

(a) about the retention, use, return, disposal or destruction of anything seized,

(b) about compensation for anything seized.".>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and
  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

A proposal (whether draft or final) may be withdrawn at any time by the member who lodged it under Rule 9.14.16 of the Standing Orders.

The Bills page of the parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Final Proposal for Members’ Bills

Hugh O’Donnell: Scottish Autism Strategy Bill— Final proposal for a Bill to require the Scottish Government to prepare and publish a strategy and issue guidance to local authorities and health boards to meet the needs of children and adults with autism (lodged 6 April 2010).

A summary of responses to consultation on the draft proposal together with copies of each response and a summary of the responses, including the conclusions drawn from the responses, are available in the Scottish Parliament Information Centre (SPICe).

Supported by: Margaret Smith, Robert Brown, Wendy Alexander, Bill Butler, Robin Harper, Nicol Stephen, Claire Baker, Patricia Ferguson, Andy Kerr, Mike Pringle, Alison McInnes, Elaine Smith, Jim Tolson, Hugh O’Donnell, Tom McCabe, Frank McAveety, Ken Macintosh, Cathy Jamieson, Marlyn Glen, Malcolm Chisholm, Jamie Stone, Elizabeth Smith, Marilyn Livingstone, James Kelly, Hugh Henry, Liam McArthur, Jim Hume, Nanette Milne, Iain Smith, Karen Whitefield*

Contents An A B C D E F G H I J