# Air Weapons and Licensing (Scotland) Act 2015

        - Previous
        - Next

S

# Air Weapons and Licensing (Scotland) Act 2015

# 2015 asp 10                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th June 2015 and received Royal Assent                        on 4th August 2015                     

An Act of the Scottish Parliament to make provision for the licensing and regulation of air weapons; to amend the Licensing                        (Scotland) Act 2005; to amend and extend the licensing provisions of the Civic Government (Scotland) Act 1982; and for connected                        purposes.                     

## **PART 1**SAIR WEAPONS

### Meaning of air weaponS

#### 1Meaning of “air weapon”S

### Air weapon certificatesS

#### 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### PermitsS

#### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Air weapon clubs and recreational shooting facilitiesS

#### 18Approval of air weapon clubsS

#### 19Variation of approvalS

#### 20Duration of approvalS

#### 21Alignment of club approvalsS

#### 22Power to enter and inspect club premisesS

#### 23Requirements for recreational shooting facilitiesS

### Transactions involving air weapons and commercial mattersS

#### 24Restrictions on transactions involving air weaponsS

#### 25Requirement for commercial sales of air weapons to be in personS

### EnforcementS

#### 26Power of search with warrantS

#### 27Production of air weapon certificateS

#### 28Cancellation of air weapon certificateS

#### 29Forfeiture and disposal of air weaponsS

### OffencesS

#### 30Failure to keep air weapons secure or to report loss to policeS

#### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 32Time limit for offencesS

#### 33Offences by bodies corporate etc.S

### GeneralS

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 35FeesS

#### 36Power to make further provisionS

#### 37Crown applicationS

#### 38Transitional arrangements for existing certificate holdersS

#### 39GuidanceS

#### 40Interpretation of Part 1S

## **PART 2**SALCOHOL LICENSING

### Licensing objectivesS

#### 41Licensing objectives: protecting young persons from harmS

In section 4 of the Licensing (Scotland) Act 2005 (“the 2005 Act”) (the licensing objectives), in subsection (1)(e), after “children” insert “ and young persons ”.                  

### Statements of licensing policyS

#### 42Statements of licensing policy: licensing policy periodsS

In section 6 of the 2005 Act (statements of licensing policy)—

(a)in subsection (1), for “3 year period” substitute “ licensing policy period ”,                  

(b)in subsection (2), for “3 year period” substitute “ licensing policy period ”,                  

(c)after subsection (3) insert—                  

“(3ZA)A Licensing Board may, in preparing a licensing policy statement, decide that the licensing policy period to which the statement                           relates is to begin on a date earlier than it otherwise would under subsection (7).                  

(3ZB)Where a Licensing Board make a decision under subsection (3ZA) they must, when publishing the licensing policy statement under                           subsection (6), publicise the date on which they have decided the licensing policy period is to begin.”,                  

(d)in subsection (4), for “3 year period” substitute “ licensing policy period ”,                  

(e)for subsection (7) substitute—                  

“(7)Subject to subsection (3ZA), in this section, “licensing policy period” means the period between each relevant date.                  

(8)For the purposes of subsection (7), “relevant date” means the date occurring 18 months after an ordinary election of councillors for local government areas takes place under                           section 5 of the Local Government etc. (Scotland) Act 1994.”.                  

### Fit and proper person testS

#### 43Premises licence application: ground for refusalS

(1)The 2005 Act is amended as follows.                  

(2)In section 22 (objections and representations)—                  

(a)after subsection (1) insert—                  

“(1A)A person giving a notice under subsection (1) may include in the notice any information that the person considers may be relevant                           to consideration by the Board of any ground for refusal including, in particular, information in relation to—                  

(a)the applicant,                  

(b)where the applicant is neither an individual nor a council, a connected person in relation to the applicant, or                  

(c)any person who would be an interested party in relation to the subject premises if the application were to be granted.”,                  

(b)in subsection (3)(b), after “representation” insert “ (including any information included under subsection (1A)) ”.                  

(3)In section 23 (determination of premises licence application)—                  

(a)in subsection (5)—                  

(i)after paragraph (b) insert—                  

“(ba)that the Licensing Board consider, having regard to the licensing objectives, that the applicant is not a fit and proper person                           to be the holder of a premises licence,”,                  

(ii)in paragraph (c), after “would” insert “ otherwise ”,                  

(b)in subsection (6), for the words “the granting of the application would be inconsistent with one or more of the licensing                        objectives,” substitute “ either of the grounds for refusal specified in subsection (5)(ba) and (c) applies, ”,                  

(c)in subsection (8)(b), for “(5)(c)” substitute “ (5)(ba) or (c) ”.                  

#### 44Application to transfer premises licence: ground for refusalS

(1)The 2005 Act is amended as follows.                  

(2)In section 33 (transfer on application of licence holder)—                  

(a)after subsection (7) insert—                  

“(7A)On giving a notice under subsection (6)(a) or (b), the chief constable may also provide to the Licensing Board any information                           in relation to—                  

(a)the transferee,                  

(b)where the transferee is neither an individual nor a council, a connected person, or                  

(c)any person who would be an interested party in relation to the licensed premises if the application for the transfer of the                           licence to the transferee were to be granted,                  

that the chief constable considers may be relevant to consideration by the Board of the application.”,                  

(b)in subsection (8)—                  

(i)the word “and” immediately following paragraph (a) is repealed,                  

(ii)after paragraph (b) insert “, and                   

(c)no information has been provided under subsection (7A),”,                  

(c)in subsection (10)—                  

(i)after “notice” insert “ and any information provided under subsection (7A) ”,                  

(ii)in paragraph (a), for the words from “it” to “objectives” substitute “ a ground for refusal applies ”,                  

(d)after subsection (10) insert—                  

“(11)The grounds for refusal are—                  

(a)that, having regard to the licensing objectives, the transferee is not a fit and proper person to be the holder of a premises                           licence,                  

(b)that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.”.                  

#### 45Ground for review of premises licenceS

(1)The 2005 Act is amended as follows.                  

(2)In section 36 (application for review of premises licence)—                  

(a)in subsection (3), before paragraph (a) insert—                  

“(za)that, having regard to the licensing objectives, the licence holder is not a fit and proper person to be the holder of a premises                           licence,”,                  

(b)in subsection (5), before paragraph (a) insert—                  

“(za)where the ground is that specified in subsection (3)(za), a summary of the information on which the applicant's view that                           the alleged ground applies is based,”,                  

(c)after subsection (5) insert—                  

“(5A)A person making a premises licence review application may include in the application any information that the applicant considers                           may be relevant to consideration by the Licensing Board of the alleged ground for review including, in particular, information                           in relation to—                  

(a)the licence holder,                  

(b)where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or                  

(c)any person who is an interested party in relation to the licensed premises.”.                  

(3)In section 37 (review of premises licence on Licensing Board's initiative)––                  

(a)in subsection (4), before paragraph (a) insert—                  

“(za)where the ground is that specified in section 36(3)(za), a summary of the information on which the Board's view that the alleged                           ground applies is based,”,                  

(b)after subsection (4) insert—                  

“(5)A Licensing Board making a premises licence review proposal may include in the proposal any information that the Board considers                           may be relevant to their consideration of the alleged ground for review including, in particular, information in relation                           to—                  

(a)the licence holder,                  

(b)where the licence holder is neither an individual nor a council, a connected person in relation to the licence holder, or                  

(c)any person who is an interested party in relation to the licensed premises.”.                  

(4)In section 39 (Licensing Board's powers on review)—                  

(a)after subsection (1), insert—                  

“(1A)Subsection (1) is subject to subsection (2A).”,                  

(b)after subsection (2), insert—                  

“(2A)Where, at a review hearing in relation to any premises licence, the Licensing Board are satisfied that the ground for review                           specified in section 36(3)(za) is established, the Board must revoke the licence.                  

(2B)Subject to section 39B, a revocation under subsection (2A) takes effect at the end of the period of 28 days beginning with                           the day on which the Board makes the decision.”.                  

(5)In section 39A (notification of determinations), in subsection (1)—                  

(a)the word “or” immediately following paragraph (a) is repealed,                  

(b)after paragraph (b), insert “, or                   

(c)decides to revoke a premises licence under section 39(2A),”.                  

(6)After section 39A insert—                  

##### “39BRecall of revocation of licence under section 39(2A)

(1)This section applies where a Licensing Board decides to revoke a premises licence under section 39(2A).                  

(2)The Board must recall the revocation if—                  

(a)a relevant application is made before the end of the period referred to in section 39(2B) (“the 28 day period”), and                  

(b)the Board grants the application.                  

(3)The Board may extend the 28 day period pending determination of a relevant application.                  

(4)In this section, “relevant application” means—                  

(a)an application under section 33(1) for the transfer of the premises licence, or                  

(b)a premises licence variation application seeking a variation of the licence that the Board considers would remove the ground                           on which the licence was revoked under section 39(2A).                  

(5)This section does not affect the right to appeal against the decision to revoke the licence under section 39(2A).”.                  

(7)In Part 1 of schedule 5 (appeals to the sheriff principal), in the entry in the left-hand column relating to a decision under                        section 39(1), after “39(1)” insert “ or (2A) ”.                  

#### 46Personal licence applications and renewals: ground for refusalS

(1)The 2005 Act is amended as follows.                  

(2)In section 73 (notification of application to the chief constable), after subsection (4) insert—                  

“(5)On giving a notice under subsection (3)(a) or (b), the chief constable may also provide to the Licensing Board any information                           in relation to the applicant that the chief constable considers may be relevant to consideration by the Board of the application.”.                  

(3)After section 73 of the 2005 Act insert—                  

##### “73ANotification of application to Licensing Standards Officer

(1)Where a Licensing Board receive a personal licence application, the Board must give notice of it, together with a copy of                           the application, to a Licensing Standards Officer for the Board's area.                  

(2)A Licensing Standards Officer may, within 21 days of the date of receipt of a notice under subsection (1), respond to the                           notice by giving the Licensing Board any information in relation to the applicant that the Officer considers may be relevant                           to consideration by the Board of the application.”.                  

(4)In section 74 (determination of personal licence application)—                  

(a)in subsection (2), after paragraph (c) insert—                  

“(ca)no information has been provided under section 73(5) or 73A(2),”,                  

(b)after subsection (5A) insert—                  

“(5AA)If—                  

(a)all of those conditions are met in relation to the applicant,                  

(b)the notice received from the chief constable under subsection (3)(a) or (b) of section 73 does not include a recommendation                           under subsection (4) of that section, and                  

(c)information has been provided under subsection (5) of that section or under section 73A(2),                  

the Board may hold a hearing for the purpose of considering and determining the application.”,                  

(c)in subsection (5B), after “(5A)” insert “ or (5AA) ”,                  

(d)in subsection (6)—                  

(i)for “(5) or (5A)” substitute “ (5), (5A) or (5AA) ”,                  

(ii)after “notice” insert “ and any information provided under section 73(5) or 73A(2) ”,                  

(iii)in paragraph (a), for the words from “it” to “objectives” substitute “ a ground for refusal applies ”,                  

(e)after subsection (6) insert—                  

“(6A)The grounds for refusal are—                  

(a)that, having regard to the licensing objectives, the applicant is not a fit and proper person to be the holder of a personal                           licence,                  

(b)that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.”.                  

(5)In section 78 (renewal of personal licence), in subsection (5), for “73 and 74” substitute “ 73, 73A and 74 ”.                  

#### 47Personal licence holders: procedure on receipt of notice of convictionS

(1)The 2005 Act is amended as follows.                  

(2)In section 83 (procedure where Licensing Board receive notice of conviction)—                  

(a)after subsection (8), insert—                  

“(8A)Subsection (8) is subject to subsection (9A).”,                  

(b)after subsection (9), insert—                  

“(9A)Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder                           is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.”,                  

(c)in subsection (10), after “(9)” insert “ or (9A) ”.                  

(3)In Part 2 of schedule 5 (appeals to the sheriff), in the entry in the left-hand column relating to a decision to make an order                        under section 83(9), 84(7) or 86(3), for “83(9)” substitute “ 83(9) or (9A) ”.                  

#### 48Personal licence holders: conduct inconsistent with the licensing objectivesS

(1)The 2005 Act is amended as follows.                  

(2)In section 84 (conduct inconsistent with the licensing objectives)—                  

(a)after subsection (6), insert—                  

“(6A)Subsection (6) is subject to subsection (7A).”,                  

(b)after subsection (7), insert—                  

“(7A)Where, at the hearing, the Licensing Board are satisfied that, having regard to the licensing objectives, the licence holder                           is not a fit and proper person to be the holder of a personal licence, the Board must make an order revoking the licence.”,                  

(c)in subsection (8), after “(7)” insert “ or (7A) ”.                  

(3)In section 84A (power of chief constable to report conduct inconsistent with the licensing objectives), in subsection (3),                        for “(6), (7)” substitute “ (6), (6A), (7), (7A) ”.                  

(4)In Part 2 of schedule 5 (appeals to the sheriff), in the entry in the left-hand column relating to a decision to make an order                        under section 83(9), 84(7) or 86(3), for “84(7)” substitute “ 84(7) or (7A) ”.                  

Prospective

### Transfer of premises licencesS

#### 49Transfer of premises licencesS

(1)The 2005 Act is amended as follows.                     

(2)In section 33 (transfer of premises licence on application of licence holder)—                     

(a)for subsections (1) to (3) substitute—                     

“(1)Any person, other than an individual under the age of 18, may apply to the appropriate Licensing Board for the transfer of                              a premises licence to the person (such person being referred to in this section and section 33A as the “transferee”).                     

(1A)An application under subsection (1) must—                     

(a)specify the date on which the transfer is to take effect, and                     

(b)be accompanied by—                     

(i)the premises licence to which the application relates or, if that is not practicable, a statement of the reasons for failure                              to produce the licence, and                     

(ii)a written statement signed by the holder of the premises licence consenting to its transfer to the transferee (a “consent                              statement”) or, if that is not practicable, a statement of the reasons for failure to obtain the licence holder's written                              consent.”,                     

(b)in subsection (4), after “constable” insert “ , unless the Board must refuse the application under subsection (8A) ”,                     

(c)in subsection (8), before paragraph (a) insert—                     

“(za)the application is accompanied by a consent statement referred to in subsection (1A)(b)(ii),”,                     

(d)after subsection (8) insert—                     

“(8A)If the application is not accompanied by a consent statement referred to in subsection (1A)(b)(ii), the Board must refuse                              the application, unless the Board dispenses with the requirement for a consent statement under section 33A(4).”.                     

(3)The title of section 33 becomes “ **Application for transfer of premises licence** ”.                     

(4)After section 33 insert—                     

##### “33AApplication for transfer: further provision

(1)This section applies where a Licensing Board receives an application under section 33(1) for the transfer of a premises licence.                     

(2)The Board must take all reasonable steps to give notice of the application to the premises licence holder.                     

(3)Subsection (4) applies where the application is not accompanied by a consent statement referred to in section 33(1A)(b)(ii).                     

(4)The Board may dispense with the requirement for a consent statement if satisfied that the transferee has taken all reasonable                              steps to contact the premises licence holder in order to obtain consent but has received no response.                     

(5)Where the Board decides under subsection (4) not to dispense with the requirement for a consent statement, the Board must                              give notice of the decision, and of the reasons for it, to the transferee.                     

(6)Where the Board decides under subsection (4) to dispense with the requirement for a consent statement the Board must hold                              a hearing under section 33(9) for the purpose of considering and determining the application.                     

(7)Where the Board grants the application, the transfer of the licence takes effect—                     

(a)on the date specified in the application in accordance with section 33(1A)(a), or                     

(b)where the Board grants the application after that date, on such date as the Board may determine.”.                     

(5)Section 34 (transfer on application of person other than licence holder) is repealed.                     

(6)In Part 1 of schedule 5 (appeals to the sheriff principal)—                     

(a)in column 1 of the entry relating to a decision to refuse an application under section 33(1) or 34(1) for transfer of a premises                           licence, the words “or 34(1)” are repealed,                     

(b)in column 2 of that entry, after “applicant” insert “ or the premises licence holder ”,                     

(c)after that entry insert—                     

### Relevant offences and foreign offencesS

#### 50Premises licences: procedure in relation to relevant offences or foreign offencesS

In section 44 of the 2005 Act (procedure where Licensing Board receive notice of conviction in relation to a premises licence)—

(a)in subsection (7), after “subsection (4)(b)” insert “ which includes a recommendation under subsection (5) ”,                  

(b)after subsection (7) insert—                  

“(7A)If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation                           under subsection (5), the Licensing Board must—                  

(a)make a premises licence review proposal in respect of the premises licence, or                  

(b)decide to take no further action in relation to the conviction.”.                  

#### 51Personal licences: procedure in relation to relevant offences or foreign offencesS

In section 83 of the 2005 Act (procedure where Licensing Board receive notice of a conviction in relation to a personal licence)—

(a)in subsection (7), after “subsection (4)(b)” insert “ which includes a recommendation under subsection (5) ”,                  

(b)after subsection (7) insert—                  

“(7A)If the Licensing Board receive from the chief constable a notice under subsection (4)(b) which does not include a recommendation                           under subsection (5), the Licensing Board must—                  

(a)hold a hearing, or                  

(b)decide to take no further action in relation to the conviction.”,                  

(c)in subsection (8), for “the hearing” substitute “ a hearing under subsection (7) or (7A)(a) ”.                  

Prospective

#### 52Relevant offences and foreign offences: spent convictionsS

In section 129 of the 2005 Act (relevant offences and foreign offences), subsection (4) is repealed.

### Supply of alcohol to a child or young personS

#### 53Offences of supplying alcohol to a child or young personS

(1)After section 104 of the 2005 Act insert—                  

##### “104ASupply of alcohol to a child

(1)A person, other than a child or young person, who—                  

(a)buys or attempts to buy alcohol—                  

(i)on behalf of a child, or                  

(ii)for a child, or                  

(b)gives alcohol (or otherwise makes it available) to a child,                  

commits an offence.                  

(2)Subsection (1)(a)(ii) and (b) does not apply to the buying of alcohol for, or (as the case may be) giving or making available                           of alcohol to, a child—                  

(a)for consumption other than in a public place, or                  

(b)for the purposes of religious worship.                  

(3)In subsection (2)(a), “public place” includes—                  

(a)relevant premises,                  

(b)any place to which the public have access for the time being (whether on payment of a fee or otherwise), and                  

(c)any place to which the public do not have access but to which the child unlawfully gains access.                  

(4)A person who commits an offence under subsection (1) is liable on summary conviction to—                  

(a)a fine not exceeding level 5 on the standard scale,                  

(b)imprisonment for a term not exceeding 3 months, or                  

(c)both.                  

##### 104BSupply of alcohol to a young person

(1)A person, other than a child or young person, who knowingly—                  

(a)buys or attempts to buy alcohol—                  

(i)on behalf of a young person, or                  

(ii)for a young person, or                  

(b)gives alcohol (or otherwise makes it available) to a young person,                  

commits an offence.                  

(2)Subsection (1)(a)(ii) and (b) does not apply to—                  

(a)the buying of alcohol for, or (as the case may be) giving or making available of alcohol to, a young person—                  

(i)for consumption other than in a public place, or                  

(ii)for the purposes of religious worship, or                  

(b)the buying, or (as the case may be) giving or making available, of beer, wine, cider or perry for consumption by a young person                           along with a meal supplied on relevant premises.                  

(3)In subsection (2)(a)(i), “public place” includes—                  

(a)relevant premises,                  

(b)any place to which the public have access for the time being (whether on payment of a fee or otherwise), and                  

(c)any place to which the public do not have access but to which the young person unlawfully gains access.                  

(4)A person who commits an offence under subsection (1) is liable on summary conviction to—                  

(a)a fine not exceeding level 5 on the standard scale,                  

(b)imprisonment for a term not exceeding 3 months, or                  

(c)both.”.                  

(2)In section 105 of the 2005 Act (purchase of alcohol by or for a child or young person)—                  

(a)subsections (4), (5) and (7) are repealed,                  

(b)the section title becomes “ **Purchase of alcohol by a child or young person** ”.                  

### MiscellaneousS

#### 54Meaning of “alcohol”: inclusion of angostura bittersS

In section 2 of the 2005 Act (meaning of “alcohol”), in subsection (1)(b), paragraph (iv) is repealed.

#### 55OverprovisionS

(1)The 2005 Act is amended as follows.                  

(2)In section 7 (duty to assess overprovision)—                  

(a)in subsection (2), after “Act” insert “ and in doing so the Board may determine that the whole of the Board's area is a locality ”,                  

(b)in subsection (3)—                  

(i)the word “must” is repealed,                  

(ii)at the beginning of paragraph (a) insert “ must ”,                  

(iii)the word “and” immediately following that paragraph is repealed,                  

(iv)after that paragraph insert—                  

“(aa)may have regard to such other matters as the Board thinks fit including, in particular, the licensed hours of licensed premises                           in the locality, and”,                  

(v)at the beginning of paragraph (b) insert “ must ”.                  

(3)In section 23(5)(e) (refusal of premises licence on grounds of overprovision)—                  

(a)for the words from “that,” where first occurring to “situated,” substitute “ that ”,                  

(b)for “that description,” substitute “ the same or similar description as the subject premises, ”.                  

(4)In section 30(5)(d) (refusal to vary premises licence on grounds of overprovision)—                  

(a)for the words from “that,” where first occurring to “situated,” substitute “ that ”,                  

(b)for “that description,” substitute “ the same or similar description as the subject premises (taking account of the variation), ”.                  

#### 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 57Licensing Standards Officers: general function in relation to personal licencesS

In section 14(1) of the 2005 Act (general functions of Licensing Standards Officers), after paragraph (b) insert—

“(ba)providing information to Licensing Boards about any conduct of holders of, or persons applying for, personal licences in the                           area, which is inconsistent with the licensing objectives,”.                  

#### 58Powers of Licensing Standards OfficersS

(1)The 2005 Act is amended as follows.                  

(2)After section 84A insert—                  

##### “84BPower of Licensing Standards Officers to report conduct inconsistent with the licensing objectives

(1)If a Licensing Standards Officer considers that any personal licence holder who is or was working in licensed premises in                           the Officer's area has acted in a manner which is inconsistent with any of the licensing objectives, the Officer may report                           the matter to the relevant Licensing Board.                  

(2)Where a Licensing Board receives a report from a Licensing Standards Officer under subsection (1), the Board may hold a hearing.                  

(3)Subsections (6), (6A), (7), (7A) and (8) of section 84 and subsection (1)(b) of section 85 apply in relation to a hearing                           under subsection (2) of this section as they apply in relation to a hearing under subsection (3)(a) or (5) of section 84.                  

(4)In subsection (1), “relevant Licensing Board” has the meaning given in section 83(11).”.                  

#### 59Interested partiesS

(1)The 2005 Act is amended as follows.                  

(2)In section 40A (connected persons and interested parties: licence holder's duty to notify changes)—                  

(a)in subsection (1)—                  

(i)the word “or” immediately following paragraph (a) is repealed,                  

(ii)paragraph (b) is repealed,                  

(b)in subsection (2), the words “or an interested party” are repealed,                  

(c)the section title becomes “ **Connected persons: licence holder's duty to notify changes** ”.                  

(3)The italic cross heading preceding section 40A becomes “ Connected persons ”.                  

(4)In section 48(1)(c) (notification of change of name or address)—                  

(a)the word “or” immediately following sub-paragraph (i) is repealed,                  

(b)sub-paragraph (ii) is repealed.                  

(5)In section 147(5) (interpretation), in the opening words, the words “nor the premises manager” are repealed.                  

#### 60Personal licences: grant, duration and renewalS

(1)The 2005 Act is amended as follows.                  

(2)In section 74 (determination of personal licence application), in subsection (3)(c), after “revoked” insert “ under any provision of this Act other than section 87(3) ”.                  

(3)In section 77 (period of effect of personal licence), in subsection (8), for “3” substitute “ 9 ”.                  

(4)In section 78 (renewal of personal licence)––                  

(a)in subsection (2)—                  

(i)for “2” substitute “ 9 ”,                  

(ii)for “3” substitute “ 12 ”,                  

(b)in subsection (5), after “74” insert “ (other than subsection (3)(ba)) ”.                  

(5)In section 84A (power of chief constable to report conduct inconsistent with the licensing objectives), in subsection (3),                        for “(8)(a)” substitute “ (8) ”.                  

Prospective

#### 61Processing and deemed grant of applicationsS

(1)The 2005 Act is amended as follows.                     

(2)After section 134 insert—                     

##### “134ZADuty to acknowledge applications

(1)This section applies where a Licensing Board receive a relevant application.                     

(2)In a case where the Licensing Board are satisfied that the application meets the prescribed requirements they must, unless                              subsection (3) applies, give an acknowledgement to the applicant—                     

(a)confirming that they are satisfied that the application meets the prescribed requirements,                     

(b)listing any documents received in support of the application and the date or dates on which the documents were received by                              them, and                     

(c)informing the applicant about the period for determining the application under section 134ZB.                     

(3)This subsection applies where the Licensing Board consider it appropriate to determine the application on its merits without                              first giving an acknowledgement to the applicant.                     

(4)In a case where the Licensing Board are not satisfied that the application meets the prescribed requirements, they must give                              a notice to the applicant––                     

(a)indicating that they are treating the application as incomplete and not having been made, and                     

(b)stating their reasons for treating the application in that way.                     

(5)Subsection (4) does not prevent an applicant from submitting further information in support of the application if that is                              otherwise competent.                     

(6)A Licensing Board must give an acknowledgement under subsection (2) or give a notice under subsection (4) as soon as is practicable.                     

(7)For the purposes of this section, “prescribed requirements”, in relation to a relevant application, means the requirements (as to form, content, etc.) which are imposed by or under                              this Act or any other enactment in respect of the type of relevant application in question.                     

(8)In this section, a “relevant application” is—                     

(a)a premises licence application,                     

(b)a premises licence variation application,                     

(c)an application under section 33(1) to transfer a premises licence,                     

(d)an application under section 35(1) for variation of a premises licence on transfer,                     

(e)a provisional premises licence application,                     

(f)an application under section 46 for confirmation of a provisional premises licence,                     

(g)an application under section 47(2) for a temporary premises licence,                     

(h)an occasional licence application,                     

(i)an extended hours application,                     

(j)a personal licence application,                     

(k)a personal licence renewal application.                     

##### 134ZBPeriod for determination of applications

(1)A Licensing Board must determine every relevant application which meets the prescribed requirements (including an application                              mentioned in subsection (2)) before the end of the period of 9 months beginning with (the later of)—                     

(a)the date on which the Licensing Board received the application, or                     

(b)where the application did not initially meet the prescribed requirements, the date on which the application met the prescribed                              requirements.                     

(2)Where a Licensing Board consider it appropriate to determine a relevant application without first giving an acknowledgement                              under section 134ZA(2), they must determine the application as soon as is practicable.                     

(3)A sheriff of the appropriate sheriffdom may, on an application by a Licensing Board in relation to a relevant application,                              extend the period for determining the application under subsection (1).                     

(4)The sheriff may extend the period only if—                     

(a)it appears to the sheriff that there is a good reason to do so, and                     

(b)no previous extension has been granted in relation to the relevant application.                     

(5)The applicant in relation to a relevant application is entitled to be a party to proceedings on an application to a sheriff                              under subsection (3).                     

(6)In this section—                     
            -  “prescribed requirements” has the same meaning as in section 134ZA,                            
            -  “relevant application” has the same meaning as in section 134ZA.                            

##### 134ZCDeemed grant of applications

(1)Subsection (2) applies where a Licensing Board have failed to determine a relevant application before the expiry of the determination                              period.                     

(2)Where this subsection applies—                     

(a)the application is deemed to have been granted on the date on which the determination period expired, and                     

(b)the deemed grant of the application has the same effect, for the purposes of this Act, as if the application had been granted                              by the Licensing Board.                     

(3)A Licensing Board may not impose any conditions (other than those which they must impose under this Act) in respect of an                              application which is deemed to have been granted under subsection (2).                     

(4)Subsection (5) applies in relation to an application—                     

(a)that is deemed to have been granted under subsection (2), and                     

(b)in respect of which the Licensing Board must, on granting such an application, determine the period during which the thing                              applied for is to have effect.                     

(5)The thing applied for is to have effect for the duration of the period stated in the application (subject to any limits imposed                              by this Act).                     

(6)In this section—                     
            -  “determination period” means, in relation to a relevant application, the period for determining the application under section 134ZB(1) including                                 (if applicable) any extension to that period granted under subsection (3) of that section,                            
            -  “prescribed requirements” has the same meaning as in section 134ZA,                            
            -  “relevant application” has the same meaning as in section 134ZA.”.                            

#### 62Form etc. of communications under the 2005 ActS

(1)Section 134 of the 2005 Act (form etc. of applications, proposals and notices) is amended as follows.                  

(2)In each of the following provisions, for “or notice” substitute “ , notice or other communication ”, namely—                  

(a)subsection (1)(a) and (d), and                  

(b)subsection (2).                  

(3)The section title becomes “ **Form etc. of applications, proposals, notices and other communications** ”.                  

## **PART 3**SCIVIC LICENSING

### Taxis and private hire carsS

#### 63Refusal to grant private hire car licences on grounds of overprovisionS

#### 64Testing of private hire car driversS

#### 65Exemptions from requirements of sections 10 to 21 of 1982 ActS

### Metal dealersS

#### 66Penalties for failure to have appropriate licence or comply with conditionsS

#### 67Removal of exemption warrants for certain metal dealersS

#### 68Abolition of requirement to retain metal for 48 hoursS

#### 69Acceptable forms of payment for metalS

#### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 71Register of dealers in metalS

#### 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 73Exemptions from requirements of sections 28 to 37 of 1982 ActS

### Public entertainment venuesS

#### 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 75Restriction of exemption from requirement for public entertainment licenceS

### Sexual entertainment venuesS

#### 76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Miscellaneous and generalS

#### 77Deemed grant of applicationsS

#### 78Revocation of Part 2 licencesS

#### 79Procedure for hearingsS

#### 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 81Conditions for Part 3 licences: displays or advertisingS

#### 82Civic licensing standards officersS

#### 83Electronic communications under the 1982 ActS

## **PART 4**SGENERAL

### 84InterpretationS

(1)In this Act—                  
          -  “the 1982 Act” means the Civic Government (Scotland) Act 1982,                         
          -  “the 2005 Act” means the Licensing (Scotland) Act 2005.                         

(2)See section 40 for the interpretation of words and expressions used in Part 1.                  

### 85RegulationsS

(1)Any power of the Scottish Ministers to make regulations under this Act includes power to make—                  

(a)different provision for different purposes,                  

(b)incidental, supplementary, consequential, transitional, transitory or saving provision.                  

(2)Regulations under section 2(4), 8(3) or 20(3) are subject to the affirmative procedure.                  

(3)Regulations under section 86(1) containing provisions which add to, replace or omit any part of the text of an Act are subject                        to the affirmative procedure.                  

(4)All other regulations under this Act are subject to the negative procedure.                  

### 86Ancillary provisionS

(1)The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or                        saving provision as they consider necessary or expedient for the purposes of, or in consequence of, or for giving full effect                        to, any provision of this Act or any provision made under it.                  

(2)Regulations under this section may modify this or any other enactment.                  

### 87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 88CommencementS

(1)Section 60(1) and (2) and this Part, other than section 87, come into force on the day after Royal Assent.                  

(2)The other provisions of this Act (including section 87) come into force on such day as the Scottish Ministers may by order                        appoint.                  

(3)An order under this section may include transitional, transitory or saving provision.                  

### 89Short titleS

The short title of this Act is the Air Weapons and Licensing (Scotland) Act 2015.

## SCHEDULE 1SEXEMPTIONS

 (introduced by section 2(3))

### Approved air weapon clubsS

1SIt is not an offence under section 2(1) for an individual (“A”) to use or possess an air weapon without holding an air weapon                        certificate if—

(a)A is a member of an approved air weapon club,

(b)the use or possession occurs while A is engaged as such a member—

(i)in target shooting at the club, another approved air weapon club, an event or competition, or

(ii)in connection with such target shooting, and

(c)where A is under the age of 14, A's use and possession of an air weapon is supervised by another club member aged 21 years                        or more.

### Registered firearms dealers and their employeesS

2(1)It is not an offence under section 2(1) for an individual to use, possess, purchase or acquire an air weapon without holding                        an air weapon certificate if—S

(a)the individual is carrying on business as a registered firearms dealer or is the employee of a registered firearms dealer,                        and

(b)the possession occurs in the ordinary course of the business as such a dealer.

(2)For the purposes of sub-paragraph (1), it is irrelevant whether the use, possession, purchase or acquisition of the air weapon                        occurs at a place—

(a)which is not a place of business of the registered firearms dealer, or

(b)which the dealer has not registered as a place of business under section 33 or 37 of the 1968 Act.

(3)It is not an offence under section 2(1) for an individual (“A”) to—

(a)borrow an air weapon from a registered firearms dealer, and

(b)use and possess the weapon on land occupied by the dealer,

without holding an air weapon certificate, if the conditions in sub-paragraph (4) are complied with.

(4)The conditions are—

(a)A uses and possesses the air weapon under the supervision of the registered firearm dealer or an employee of the dealer (“the supervisor”), and

(b)where A is under the age of 14, the supervisor is aged 21 years or more.

### AuctioneersS

3(1)It is not an offence under section 2(1) for an individual to possess, acquire or purchase an air weapon without holding an                        air weapon certificate if—S

(a)the individual is carrying on business as an auctioneer or is the employee of an auctioneer, and

(b)the possession occurs in the ordinary course of the business as an auctioneer.

(2)It is not an offence under section 24 for an individual (“A”) who is an auctioneer (but not a registered firearms dealer)                        in the course of A's business as such an auctioneer to sell (or expose for sale) by auction an air weapon if A holds a police                        permit granted by the chief constable under section 12.

### Carriers and warehouse keepersS

4SIt is not an offence under section 2(1) for an individual to possess an air weapon without holding an air weapon certificate                        if—

(a)the individual is carrying on business as a carrier or warehouse keeper or is the employee of a carrier or warehouse keeper,                        and

(b)the possession occurs in the ordinary course of the business as a carrier or warehouse keeper.

### Artistic performersS

5(1)It is not an offence under section 2(1) for an individual to use or possess an air weapon without holding an air weapon certificate                        while the individual is taking part in an activity listed in sub-paragraph (2).S

(2)The activities are—

(a)a theatrical performance or a rehearsal of such a performance,

(b)the production of a film for cinema, television or other genuine and prearranged artistic purpose.

### Cadet corpsS

6(1)It is not an offence under section 2(1) for an individual to use or possess an air weapon without holding an air weapon certificate                        if—S

(a)the individual is a member of an approved cadet corps or the instructor of such a member, and

(b)the use or possession occurs while the individual is engaged in drill or target shooting exercises as such a member or instructor.

(2)In this paragraph “approved cadet corps” means a cadet corps which has been approved by the Secretary of State under section 54(5)(b) of the 1968 Act.

### Bodies corporate etc.S

7(1)It is not an offence under section 2(1) for a person who is not an individual (“the entity”) to possess, purchase or acquire                        an air weapon without holding an air weapon certificate if an officer of the entity holds an air weapon certificate in the                        officer's capacity as such an officer.S

(2)For the purposes of sub-paragraph (1), a reference to an officer of the entity is a reference to—

(a)in relation to a body corporate (other than a limited liability partnership)—

(i)a director, manager, secretary or similar officer of the body,

(ii)where the affairs of the body are managed by its members, a member,

(b)in relation to a limited liability partnership, a member,

(c)in relation to a Scottish partnership, a partner,

(d)in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management                        or control of the association.

### Holders of police permitsS

8(1)It is not an offence under section 2(1) for an individual who holds a police permit under section 12 to possess or acquire                        an air weapon without holding an air weapon certificate if the permit authorises the possession or acquisition.S

(2)It is not an offence under section 24 for an individual who holds a police permit under section 12 to sell (or expose for                        sale) an air weapon, in the course of the holder's business, if the permit authorises the sale.

### Holders of visitor permitsS

9SIt is not an offence under section 2(1) for an individual who holds a visitor permit under section 13 to use, possess, purchase                        or acquire an air weapon without holding an air weapon certificate if the permit authorises the use, possession, purchase                        or, as the case may be, acquisition.

### Authorised eventsS

10(1)It is not an offence under section 2(1) for an individual to borrow, hire, use or possess an air weapon without holding an                        air weapon certificate while the individual is—S

(a)at an event in respect of which an event permit has been granted by the chief constable under section 17, and

(b)engaging in an event activity.

(2)In this paragraph, “event activity” has the meaning given in section 17(7).

### Supervised use of air weapons on private landS

11(1)It is not an offence under section 2(1) for an individual (“A”) to—S

(a)borrow an air weapon from the occupier of private land, and

(b)use and possess the weapon on that land,

without holding an air weapon certificate, if the conditions in sub-paragraph (2) are complied with.

(2)The conditions are—

(a)A uses and possesses the air weapon under the supervision of the occupier of the land or an employee or agent of the occupier                        (“the supervisor”),

(b)the supervisor holds an air weapon certificate,

(c)A complies with any conditions attached to the supervisor's certificate so far as relevant to the use and possession of the                        air weapon by A, and

(d)where A is under the age of 14, the supervisor is aged 21 years or more.

### Use of air weapons at recreational shooting facilitiesS

12(1)It is not an offence under section 2(1) for an individual (“A”) to borrow, hire, use or possess an air weapon without holding                        an air weapon certificate at a recreational shooting facility, if—S

(a)A reasonably believes that an individual who is responsible for the management and operation of the facility holds an air                        weapon certificate, and

(b)A's use or possession occurs only while A is at the facility.

(2)It is not an offence under section 2(1) for an individual (“B”) to use or possess an air weapon without holding an air weapon                        certificate at a recreational shooting facility, if—

(a)B reasonably believes that an individual who is responsible for the management and operation of the recreational shooting                        facility holds an air weapon certificate, and

(b)B is an employee of the operator of the facility and is acting in the ordinary course of the employer's business as such an                        operator.

(3)In this paragraph, “recreational shooting facility” means—

(a)a miniature rifle range or a shooting gallery at which air weapons are used, or

(b)a facility for combat games which involve an air weapon,

which is operated with a view to making a profit.

### MuseumsS

13(1)It is not an offence under section 2(1) for an individual who is responsible for the management of a museum or is an employee                        of the museum to possess, purchase or acquire an air weapon without holding an air weapon certificate if—S

(a)the possession, purchase or acquisition is for the purposes of the museum, and

(b)either—

(i)there is a museum firearms licence in force in respect of the museum, or

(ii)an individual mentioned in sub-paragraph (2) holds an air weapon certificate.

(2)The individuals are—

(a)an individual responsible for the management of the museum, or

(b)a curator at the museum.

(3)In this paragraph—

(a)a reference to an individual responsible for the management of the museum is a reference to a member of the board of trustees                        or the governing body or an individual exercising corresponding functions,

(b)“museum firearms licence” means a licence granted under the Schedule to the Firearms (Amendment) Act 1988.

### Air weapons on shipsS

14SIt is not an offence under section 2(1) for a person to use and possess an air weapon without holding an air weapon certificate                        while on board a ship if the weapon is part of the equipment of the ship.

### Purchase of air weapons for delivery outwith ScotlandS

15SIt is not an offence under section 2(1) for an individual to purchase an air weapon from a registered firearms dealer without                        holding an air weapon certificate if—

(a)the purchaser is aged 18 years or more, and

(b)the weapon is to be delivered to a place outwith Great Britain, or to a registered firearms dealer in England or Wales, without                        first coming into the purchaser's possession.

### Loaning of air weapons for exempted purposesS

16(1)It is not an offence under section 24(1) or (2) for a person listed in sub-paragraph (2) to lend or to let on hire an air                        weapon to an individual (“A”), who does not hold an air weapon certificate, for the purpose of A's using and possessing the                        weapon in accordance with an exemption under this schedule.S

(2)The persons are—

(a)a holder of an air weapon certificate, or

(b)a person who—

(i)does not hold an air weapon certificate, but

(ii)is entitled to use or possess an air weapon without committing an offence by virtue of an exemption under this schedule.

### Public servants carrying out official dutiesS

17(1)It is not an offence under this Part for a person listed in sub-paragraph (3) to carry out an activity listed in sub-paragraph                        (2) without holding an air weapon certificate, if the carrying out of the activity is for or in connection with the person's                        duties.S

(2)The activities are the use, possession, purchase, acquisition, manufacture, testing, repair, sale, transfer or disposal of                        an air weapon.

(3)The persons are—

(a)a constable,

(b)a member of police staff,

(c)a police cadet appointed under section 25 of the Police and Fire Reform (Scotland) Act 2012,

(d)a person providing forensic services in pursuance of section 31 of the Police and Fire Reform (Scotland) Act 2012,

(e)a member of the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry                        of Defence Police Act 1987,

(f)a member of the British Transport Police,

(g)a member of the Civil Nuclear Constabulary,

(h)a civilian officer of the British Transport Police or the Civil Nuclear Constabulary,

(i)a member of any other police force while executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring                        powers on the member in Scotland,

(j)a person in the armed forces of Her Majesty,

(k)a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty,

(l)the Queen's and Lord Treasurer's Remembrancer (or a person authorised to act on the Remembrancer's behalf).

(4)In this paragraph “armed forces” means naval, military or air services.

### Holders of certificates or permits with conditionsS

18(1)It is not an offence under section 6(4) for a holder of an air weapon certificate to fail to comply with a condition attached                        to the holder's certificate if the conditions in sub-paragraph (2) are complied with.S

(2)The conditions are—

(a)that the holder of the certificate would be entitled to use, possess, purchase or, as the case may be, acquire an air weapon                        by virtue of an exemption under this schedule if the holder did not hold the certificate, and

(b)that the failure relates to the use, possession, purchase or, as the case may be, acquisition of an air weapon in accordance                        with the exemption.

(3)It is not an offence under section 15(4) for a holder of a police permit or a visitor permit to fail to comply with a condition                        attached to the holder's permit if the conditions in sub-paragraph (4) are complied with.

(4)The conditions are—

(a)that the holder of the permit is entitled to use, possess, purchase or, as the case may be, acquire an air weapon by virtue                        of an exemption under this schedule, and

(b)that the failure relates to the use, possession, purchase or, as the case may be, acquisition of an air weapon in accordance                        with the exemption.

## SCHEDULE 2SMINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

 (introduced by section 87)

### **PART 1**SAMENDMENTS AND REPEALS RELATING TO PART 1

#### Firearms Act 1968S

1(1)The Firearms Act 1968 is amended as follows.S

(2)In section 3(1) (offences relating to manufacturing, selling or transferring firearms when not a firearms dealer)—

(a)immediately following paragraph (a), insert “ or ”,

(b)the word “or” immediately following paragraph (b) is repealed,

(c)paragraph (c) is repealed.

(3)In section 21A (firing an air weapon beyond premises), after subsection (1) insert—

“(1A)A person commits an offence if the person—                  

(a)is supervising the use and possession of an air weapon on private premises by a person under the age of 18, and                  

(b)allows the supervised person to fire any missile beyond those premises.”.                  

(4)Section 22(4) (offence for person under 18 to possess an air weapon or ammunition for an air weapon) is repealed.

(5)Section 23 (exceptions from section 22(4) of that Act) is repealed.

(6)In section 24(4) (supplying firearms to minors), in paragraph (b), for the words from “by” to the end substitute “ the person holds an air weapon certificate granted under section 5 of the Air Weapons and Licensing (Scotland) Act 2015                           or the possession is otherwise in accordance with Part 1 of that Act. ”.

(7)In section 24ZA (failing to prevent minors from having air weapons), for subsection (2) substitute—

“(2)Subsection (1) does not apply where—                  

(a)the person under the age of 18 holds an air weapon certificate granted under section 5 of the Air Weapons and Licensing (Scotland)                           Act 2015, or                  

(b)the use or possession of the weapon by the person under the age of 18 is otherwise in accordance with Part 1 of that Act.”.                  

(8)In section 57 (interpretation)—

(a)in subsection (3), for “22(4), 22(5), 23(1)” substitute “ 21A(1A) ”,

(b)in subsection (4), in the definition of “firearms dealer”, in paragraph (b), for “sells or transfers” substitute “ manufactures, sells, transfers, repairs or tests ”.

(9)In Schedule 4 (particulars to be entered by firearms dealer in register of transactions)—

(a)in Part 1, in the note, after “2” insert “ or 3 ”,

(b)in Part 2, for the note substitute— “ *Notes:**This Part does not apply in relation to Scotland.**In this Part “air weapon” includes any component of, or accessory to, an air weapon.* ”,

(c)the heading of Part 2 becomes— “ PARTICULARS RELATING TO AIR WEAPONS: ENGLAND AND WALES ”,

(d)after that Part insert—

##### **“PART 3**SPARTICULARS RELATING TO AIR WEAPONS: SCOTLAND

###### 

1The quantities and description of air weapons manufactured and the dates of manufacture.

2The quantities and description of air weapons purchased or acquired with the names and addresses of the sellers or transferors                           and the date of each transaction.

3The quantities and description of air weapons accepted for sale, repair, testing, cleaning, storage, destruction, or any other                           purposes, with the names and addresses of the transferors and the date of each transaction.

4The quantities and description of air weapons sold or transferred with the names and addresses of the purchasers or transferees                           and the date of each transaction.

5The quantities and description of air weapons in possession for sale or transfer at the date of the last stocktaking or such                           other date in each year as may be specified in the register.”.

(10)In Schedule 6 (prosecution and punishment of offences)—

(a)in the table in Part 1 (punishments)—

(i)in the entry for section 21A (person making improper use of air weapon), in the first column, for “21A” substitute “ 21A(1) and (1A) ”,

(ii)the entry for section 22(4) is repealed,

(iii)the entry for section 23(1) is repealed,

(b)in Part 2 (supplementary provisions as to trial and punishment of offences)—

(i)in paragraph 7, for “21A, 22(3) or (4), 23(1)” substitute “ 21A(1), 21A(1A), 22(3) ”,

(ii)in paragraph 8, for “21A, 22(3) or (4), 23(1),” substitute “ 21A(1), 21A(1A), 22(3), ”.

#### Criminal Procedure (Scotland) Act 1995S

2SIn Schedule 9 to the Criminal Procedure (Scotland) Act 1995 (certificates as to proof of certain routine matters), at the                        end of the table insert—

#### Violent Crime Reduction Act 2006S

3SSection 32 of the Violent Crime Reduction Act 2006 (sales of air weapons by way of trade or business to be face to face) is                        repealed.

### **PART 2**SAMENDMENTS RELATING TO PART 2

#### Licensing (Scotland) Act 2005S

4(1)The 2005 Act is amended as follows.S

(2)In section 28(2) (period of effect of premises licence), for “34(1)” substitute “ 33(1) ”.

(3)In section 29(4) (application to vary premises licence), for “and 22” substitute “ , 22 and 24A ”.

(4)In section 35 (variation on transfer), in each of subsections (1) and (3)(b), the words “or 34(1)” are repealed.

(5)In section 37 (review of premises licence on Licensing Board's initiative)—

(a)in subsection (3), for “subsection” where second occurring substitute “ section ”,

(b)in subsection (4)—

(i)in paragraph (a), for “subsection” substitute “ section ”,

(ii)in paragraph (b), for “subsection” substitute “ section ”.

(6)In section 49(1)(c) (Licensing Board's duty to update premises licence), the words “or 34(1)” are repealed.

(7)In section 57 (notification of occasional licence application to chief constable and Licensing Standards officer), in subsection                        (5)—

(a)for “Subsections (2) and (3) have” substitute “ Subsection (3) has ”,

(b)for “references” where first occurring substitute “ reference ”,

(c)for “references” where second occurring substitute “ a reference ”.

### **PART 3**SAMENDMENTS RELATING TO PART 3

#### Civic Government (Scotland) Act 1982S

5(1)The 1982 Act is amended as follows.S

(2)In Schedule 1 (licensing: further provisions as to the general system)—

(a)in paragraph 5—

(i)the sub-paragraph (2A) which was inserted by section 172(6)(d) of the Criminal Justice and Licensing (Scotland) Act 2010 is                        renumbered as sub-paragraph (2ZA),

(ii)in the sub-paragraph (2A) which was inserted by paragraph 11(6)(b)(ii) of Schedule 1 to the Fire (Scotland) Act 2005 (Consequential                        Modifications and Savings) Order 2006, SSI 2006/475, for “(1)(b)” substitute “ (1A)(b) ”,

(b)in paragraph 7(3), for “(2), (2A)” substitute “ (1A), (2), (2ZA), (2A) ”.