Version Superseded: 07/04/2020
Point in time view as at 01/04/2017.
Civic Government (Scotland) Act 1982, Paragraph 12 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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12(1)Subject to and in accordance with the provisions of this paragraph, a licence shall come into force on being granted by the [F1local authority] or on such later date as they may specify as a condition of the licence and shall continue in force on being renewed by them.S
(2)Subject to the provisions of this paragraph, a licence shall have effect—
(a)for a period of one year from the date when it comes into force; or
(b)for such shorter period as the [F1local authority] may decide at the time when they grant or renew the licence.
(3)If an application for the renewal of a licence is made before its expiry the existing licence shall continue to have effect until a final decision on the application is taken by the [F1local authority].
[F2(3A)On good cause being shown, a local authority may, for the purposes of sub-paragraph (3), deem an application for renewal of a licence made up to 28 days after the expiry of the licence to be an application made before the expiry.]
(4)In the event of the death of the holder of a licence granted under this Schedule, the licence shall be deemed to have been granted to his executor and shall, unless previously revoked or surrendered, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the [F1local authority] may from time to time, on the application of the executor, extend or further extend that period if they are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.
(5)Where a relevant objection or representation has been made in relation to an application for the grant of a licence, that licence shall not come into force until—
(a)the time within which an appeal under paragraph 24 below against the grant of the licence may be made has elapsed; or
(b)where such an appeal has been lodged, it has been abandoned or determined in favour of the applicant.
(6)Notwithstanding that an application for renewal of a licence has been refused by a [F1local authority], the existing licence shall continue in force until—
(a)the time within which an appeal under paragraph 24 below against the refusal to renew may be made has elapsed; or
(b)where such an appeal has been lodged, it has been abandoned or determined against the applicant or, if determined in favour of the applicant, the time when the licence is renewed.
(7)This paragraph is subject to paragraphs 13, 15 and 16 below.
Textual Amendments
F1Words in Sch. 2 para. 12(1)(2)(b)(3)(4)(6) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(22)(e); S.I. 1996/323, art. 4(1)(c)
F2Sch. 2 para. 12(3A) inserted (28.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 178(3)(f), 206(1); S.S.I. 2010/413, art. 2, sch. (with sch.)
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