The Civic Government (Scotland) Act 1982 provides that a civic licensing standards officer (as an authorised officer of the Licensing Authority) has the following general functions:
- providing to interested persons information and guidance concerning matters pertaining to Civic Licensing;
- supervising compliance of licence holders as to the conditions of the 1982 Act and Local Authority;
- provide a mediation service for the purpose of avoiding or resolving disputes between licence holders and any third party in relation to licensing issues
The civic licensing standards officer can be contacted to aid in relation to any of the above points. They are not, however, able to provide any legal advice (such as completing application forms on your behalf). They are also the first point of contact if you wish to make a complaint about a person or premises that holds a licence under the 1982 Act. A complaint cannot be generic in nature and must relate to licensing issues.
The Civic Licensing Standards Officer also has several statutory powers in relation to licensing:
- Issue a notice of compliance ordering a licence holder to rectify a breach of conditions;
- To refer the breach to the Civic Licensing Committee for their consideration (only after issuing a notice under point one above and, in their opinion, it has not been satisfactorily complied with)
- enter and inspect any premises, vehicle or vessel which is in use (or will be used) where a licence is in force (or has been applied for);
- require production of and inspect any equipment, plant, apparatus, records, documents or stock-in-trade which is or is to be kept or used in relation to a licence in force;
- take copies of any documents or records;
- when having reasonable grounds to believe a person is carrying on activity which requires them to be licensed, require production of a licence within 5 days
It is an offence to fail to prevent entry or inspection of premises by the Civic Licensing Standards Officer. It is also an offence to fail to produce any of the matters mentioned above when requested to do so by the Civic Licensing Standards Officer. Before exercising their authority, the Civic Licensing Standards Officer must present their authorisation to you.
Specific Licences
The above applies to all licences in general. The Civic Government (Scotland) Act provides that the Civic Licensing Standards Officer has the following specific powers in relation to these specific licences:
Taxi and Private Hire
- At any reasonable time, power to inspect and test (for the purposes of ascertaining its fitness), a licensed taxi or private hire car or accuracy of the taximeter
- If not satisfied of the safety of the vehicle or accuracy of the taxi meter, the Civic Licensing Standards Officer may by notice in writing
- Require the licence holder to make the vehicle or meter available for further inspection at a reasonable time the notice specifies
- Suspend the licence until they are satisfied matters have been resolved
Knife Dealers
A Justice of the Peace or a Sheriff may grant a warrant authorising the Civic Licensing Standards Officer to:
- enter and search premises specified and;
- to seize and remove any relevant article.
The Civic Licensing Standards Officer may use reasonable force in executing that warrant.
Contact
For enquiries, complaints or issues in relation to any licence issued under the 1982 Act contact:
Email: LAWLicensing@angus.gov.uk
Phone: 01307 492299
Write to:
Licensing Standards Officer
Angus House
Orchardbank Business Park
Forfar
DD8 1AN