Licensing (Transitional Provisions) (Scotland) Order 2008 (SSI 2008/194)
Agenda item 2 is consideration of one negative Scottish statutory instrument. No points were raised by the Subordinate Legislation Committee. Do members have any questions or are we content to note the order?
The order will change the Licensing (Scotland) Act 1976 so that people do not have to produce certain documentation to get a provisional licence. I am not clear whether we should grant provisional licences when a building warrant or hygiene certificate is not available. It is argued that that gives a potential licensee an opportunity to proceed without having the necessary paperwork, but what are we granting when we grant a provisional licence? I assume that a provisional licence is an operational licence. Are people going to operate in premises that do not have building warrants or hygiene certificates?
The order is a temporary expedient until the new Licensing (Scotland) Act 2005 comes into operation. I could not imagine the situation that you set out arising, but we will write to the Cabinet Secretary for Justice to clarify that. Do members agree to note the order?
That concludes the public part of the meeting.
Meeting continued in private until 13:05.
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