(1)A licensing board may, in accordance with the provisions of this Part of this Act, grant a licence to any person for the sale by retail or supply of alcoholic liquor by that person.
(2)A licence so granted by a licensing board shall be in respect of premises specified therein, being premises situated within the area of the board.
(3)The types of licence which may be so granted by a licensing board are those specified in Schedule 1 to this Act.
(4)A licence granted by a licensing board shall be in such form as the board may decide.
(5)A licence granted otherwise than at a properly constituted meeting of a licensing board or otherwise than in accordance with the provisions of this Act shall be void.
(1)An application to a licensing board of any kind mentioned in subsection (6) below in respect of any premises shall be in such form as may be prescribed, shall be completed and signed by the applicant or his agent, and shall be lodged with the clerk of the licensing board within whose area the premises are situated not later than five weeks before the first day of the meeting of the board at which the application is to be considered.
(2)In the case of an application for the grant of a new licence, the applicant shall—
(a)along with his application, lodge with the clerk of the board a plan of the premises in respect of which the application is made; and
(b)arrange for the display at the premises, in a place and at a height where it can conveniently be read by the public, of a notice in the prescribed form intimating his application and the type of licence for which he applies, for a period of at least 21 days before the first day of the meeting as aforesaid.
Paragraph (a) of this subsection shall not apply to an application for the grant of an off-sale licence.
(3)In the case of an application for the provisional grant of a new licence, the applicant shall—
(a)along with his application, lodge with the clerk of the board a plan of the premises in respect of which the application is made; and
(b)arrange for the display at the site of the premises of a notice all as mentioned in subsection (2)(b) above.
[F1(3A)In the case of an application for the grant, the provisional grant or the renewal of a public house licence or a refreshment licence, the application shall state whether the applicant intends the premises to be open for the sale or supply of alcoholic liquor during the permitted hours on a Sunday]
(4)An applicant shall not be treated as having failed to comply with subsection (2)(b) or (3)(b) above if the notice is, without any fault or intention of his, removed, obscured or defaced before the first day of the meeting of the board at which the application is to be considered, so long as he has taken reasonable steps for its protection and, if need be, replacement.
(5)In the case of an application for the grant or provisional grant of a new licence, the applicant shall, not later than three weeks before the first day of the meeting of the board at which the application is to be considered, give notice in writing of the application to every occupier of premises situated in the same building as the premises to which the application relates.
(6)The applications referred to in subsection (1) above are as follows—
(a)an application for the grant or renewal of a licence;
(b)an application for the provisional grant of a new licence;
(c)an application for a permanent transfer of a licence;
(d)an application for a regular extension of permitted hours.
(7)On receipt of an application of a kind referred to in subsection (6) above, and until the first day of the meeting of the board at which the application is to be considered, the clerk of a licensing board shall make the application, together with the documents lodged therewith, available for inspection by members of the public during normal office hours.
[F2(8)A notice as mentioned in subsection (2) above and notice under subsection (5) above shall include a statement as to whether the applicant intends the premises to be open for the sale or supply of alcoholic liquor during the permitted hours on a Sunday.]
F1S. 10(3A) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(2)(a)
F2S. 10(8) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(2)(b)
(1)Where an application is made for a new licence, or for the renewal or permanent transfer of a licence, by an applicant who is not an individual natural person, the following provisions of this section shall apply.
(2)The application shall name both the applicant and the employee or agent of the applicant whom the applicant intends should have the responsibility for the day to day running of the premises to which the application relates.
(3)Where an application is granted, the licensing board shall grant the licence or transfer in the names of both persons mentioned in subsection (2) above, and any reference in this Act to the holder of a licence includes a reference to both of those persons.
(4)Unless a licence is transferred to another employee or agent within 8 weeks from the time when the employee or agent named in a licence ceases to be responsible for the day to day running of the premises to which the licence relates, the licence shall cease to have effect.
(1)The clerk of a licensing board shall, in accordance with the provisions of this section, not later than three weeks before the first day of the meeting of the board at which the applications are to be considered, cause to be published in one or more newspapers circulating in the area of the board a list of all competent applications made to the board for—
(a)the grant, including the provisional grant, of a new licence;
(b)the regular extension of permitted hours.
(2)In relation to each application for a new licence, the list mentioned in subsection (1) above shall specify—
(a)the name, designation and address of the applicant;
(b)in the case of an application to which section 11 of this Act applies, the names, designations and addresses of both persons named in the application;
(c)the address of the premises in respect of which the licence is desired;
(d)the type of licence for which application is made;
(e)the first day of the meeting of the licensing board at which the application is to be considered.
[F1(f)in the case of an application for a public house licence or a refreshment licence, whether the applicant intends the premises to be open for the sale or supply of alcoholic liquor during the permitted hours on a Sunday.]
(3)In relation to each application for the regular extension of permitted hours, the list mentioned in subsection (1) above shall specify—
(a)the name, designation and address of the applicant;
(b)the address of the premises in respect of which the application is made and the type of licence held in respect of those premises;
(c)the nature of the extension of hours for which application is made;
(d)the first day of the meeting of the licensing board at which the application is to be considered.
F1S. 12(2)(f) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(3)
(1)A licensing board shall not at any meeting hear the cases of applicants for new licences until all the other cases have been disposed of:
Provided that where more than one application for a licence has been made in respect of any premises, the licensing board may hear and consider such applications together.
(2)Where an applicant for the grant of a licence or an objector thereto—
(a)has, through inadvertence or misadventure, failed to comply with any of the preliminary requirements of this Act; or
(b)having duly lodged his application or objection, has died before the meeting of the board at which such application or objection was to have been heard;
the board may, if it thinks fit, and upon such terms as the board thinks proper, postpone the consideration of the application or objection to an adjourned meeting.
(3)At such adjourned meeting the licensing board may, if it is satisfied that the terms specified by the board have been complied with—
(a)proceed to grant the licence to the applicant or, as the case may be, to his executors, representatives or disponees (being possessed of the premises in respect of which the application has been made);
(b)proceed to consider the objection, whether on the part of the objector or, in the case of a deceased objector, on the part of his representatives; as if the preliminary requirements of this Act had been complied with.
Where a licensing board has refused an application for a new licence in respect of any premises, the board shall not, within two years of its refusal, entertain a subsequent application for a new licence in respect of the same premises unless the board, at the time of refusing the first-mentioned application, makes a direction to the contrary.
(1)A licensing board may decline to consider an application if the applicant or his representative does not attend the meeting at which the application is to be considered:
Provided that an applicant for the renewal of a licence or for the permanent transfer of a licence need not attend or be represented unless the applicant has been cited by the board to attend the meeting.
(2)A licensing board shall not refuse an application for the renewal or permanent transfer of a licence without hearing the applicant or his representative:
Provided that the board may refuse such an application if the applicant, having been cited by the board to attend the meeting at which his application is to be considered, fails to attend such a meeting.
(1)It shall be competent for any of the following persons to object in relation to any application to a licensing board for the grant (including the provisional grant) renewal or permanent transfer of a licence, namely,—
(a)any person owning or occupying property situated in the neighbourhood of the premises to which the application relates or any organisation which in the opinion of the board represents such persons;
(b)a community council, which has been established in accordance with the provisions of the M1Local Government (Scotland) Act 1973, for the area in which the premises are situated;
(c)any organised church which, in the opinion of the licensing board, represents a significant body of opinion among persons residing in the neighbourhood of the premises;
(d)the chief constable.
[F1(e)the fire authority for the area in which the premises are situated;
(f)a local authority for the area in which the premises are situated.]
(2)Where a competent objector desires to object in relation to any application, he shall, not later than seven days before the meeting of the licensing board at which the application is to be considered—
(a)lodge with the clerk of the board a written notice of objection which shall be signed by the objector or his agent and shall specify the grounds of his objection and
(b)intimate his objection to the applicant in the manner provided by subsection (3) below,
and an objection shall not be entertained by the licensing board unless it is proved or admitted that such objection was intimated to the applicant as aforesaid.
(3)An objection shall, for the purposes of paragraph (b) of subsection (2) above, be intimated to the applicant—
(a)by delivering to him a copy of the notice of objection lodged with the licensing board under paragraph (a) of that subsection; or
(b)by sending a copy of the said notice by registered post or by recorded delivery in a letter addressed to him at his proper address; or
(c)by leaving a copy of the said notice for him at his proper address;
and, for the purposes of paragraphs (b) and (c) of this subsection, the proper address in the case of an applicant being an individual natural person shall be his place of abode as specified in his application or, in the case of such an applicant applying for the renewal of a licence, the premises in respect of which the application is made, [F2or, in the case of the agent of an applicant, shall be his place of business,] and, in the case of an applicant other than an individual natural person, shall be the address specified in the application.
(4)Notwithstanding anything in the foregoing provisions of this section, it shall be competent for a licensing board to entertain objections from the chief constable, lodged at any time before the hearing of an application, if the board is satisfied that there is sufficient reason why due notice and intimation of the objection could not be given, and in such a case the chief constable shall cause his objections to be intimated to the applicant before the hearing.
(5)The licensing board may only entertain an objection under this section if the objection is relevant to one or more of the grounds on which, by virtue of section 17 of this Act, an application may be refused, and shall [F3, whether or not the objector appears, consider] any competent objection before arriving at its decision.
(6)The licensing board, if in its opinion any objection to the renewal of a licence is frivolous or vexatious, may find the objector liable in the expenses caused by such objection to such extent as the board thinks fit, or, if in its opinion any such objection is unauthorised, may find the agent of the objector liable in the expenses as aforesaid; and the amount of any expenses so found due may be recovered in the sheriff court having jurisdiction, and a certified copy of the finding of the licensing board shall be sufficient evidence and authority for decerning for the said amount with expenses.
F1S. 16(1)(e)(f) added (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 5(a); S.I. 1991/2862, art. 3, Schedule.
F2Words in s. 16(3) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 5(b); S.I. 1991/2862, art. 3,Schedule
F3Words in s. 16(5) substituted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 5(c); S.I. 1991/2862, art. 3,Schedule.
M11973 c. 65(81:2).
(1)Without prejudice to section 16 of this Act, in considering an application—
(a)for the grant (including the provisional grant), renewal or permanent transfer of a licence;
(b)the regular extension of permitted hours under section 64 of this Act; or
(c)the grant of a children’s certificate under section 49 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990,
a licensing board shall have regard to any observations on the application submitted by the chief constable in accordance with the following provisions of this section.
(2)Where the chief constable intends to submit observations in relation to any application, he shall, not later than seven days before the meeting of the licensing board at which the application is to be considered—
(a)lodge with the clerk of the board a written notice of his observations; and
(b)intimate his observations to the applicant in the manner provided by subsection (3) below,
and observations shall not be entertained by the licensing board unless it is proved or admitted that such observations were intimated to the applicant as aforesaid.
(3)Observations shall, for the purposes of paragraph (b) of subsection (2) above, be intimated to the applicant—
(a)by delivering to him a copy of the observations lodged with the licensing board under paragraph (a) of that subsection; or
(b)by sending him a copy of the said observations by registered post or by recorded delivery in a letter addressed to him at his proper address; or
(c)by leaving a copy of the said observations for him at his proper address;
and, for the purposes of paragraphs (b) and (c) of this subsection, the proper address of an applicant shall be as provided for in subsection (3) of section 16 of this Act.
(4)Notwithstanding anything in the foregoing provisions of this section, it shall be competent for the licensing board to entertain observations from the chief constable, lodged at any time before the hearing of an application, if the board is satisfied that there is sufficient reason why due notice and intimation of the observations could not be given, and in such a case the chief constable shall cause his observations to be intimated to the applicant before the hearing.
(5)The licensing board shall have regard to any observations submitted by the chief constable in accordance with this section whether or not they are relevant to one or more grounds on which, by virtue of section 17 of this Act, an application may be refused.]
F1S. 16A inserted (1.1.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 53(1)
(1)A licensing board shall refuse an application of the type described in subsection (2) below if it finds that one or more of the following grounds for refusal, being competent grounds, applies to it—
(a)that the applicant, or the person on whose behalf or for whose benefit the applicant will manage the premises or, in the case of an application to which section 11 of this Act applies, the applicant or the employee or agent named in the application is not a fit and proper person to be the holder of a licence;
(b)that the premises to which an application relates are not suitable or convenient for the sale of alcoholic liquor, having regard to their location, their character and condition, the nature and extent of the proposed use of the premises, and the persons likely to resort to the premises;
(c)that the use of the premises for the sale of alcoholic liquor is likely to cause undue public nuisance, or a threat to public order and safety;
[F1(d)that, having regard to—
(i)the number of licensed premises in the locality at the time the application is considered; and
(ii)the number of premises in respect of which the provisional grant of a new licence is in force,
the board is satisfied that the grant of the application would result in the over provision of licensed premises in the locality,]
and otherwise shall grant the application.
(2)The grounds on which different types of application may competently be refused by a licensing board are those mentioned opposite the respective types of application set out below—
| Typ e of application | Compete n t grounds |
|---|---|
| new licence, including the provisional grant of such a licence | those set out in subsection (1) above. |
| renewal of licence | those set out in paragraphs (a) to (c) of subsection (1) above. |
| permanent transfer of a licence | that set out in paragraph (a) of subsection (1) above. |
[F2(2A)A licensing board shall refuse to grant or renew a public house or a refreshment licence in respect of the permitted hours on a Sunday if it finds that the opening and use on a Sunday of the premises to which the application relates would cause undue disturbance or public nuisance in the locality, but the refusal of an application on that ground alone shall not prevent the licensing board from granting the application in respect of days other than Sundays.]
(3)In considering the grounds for refusal mentioned in paragraph (a) of subsection (1) above, the licensing board may have regard to any misconduct on the part of any person mentioned in that paragraph, whether or not constituting a breach of this Act or any byelaw made thereunder, which in the opinion of the board has a bearing on his fitness to hold a licence.
(4)An applicant for the grant of a new licence, including the provisional grant of such a licence, or for the renewal or permanent transfer of a licence may appeal to the sheriff against a refusal of a licensing board to grant, renew or transfer the licence [F3or to grant the licence in respect of the permitted hours on a Sunday], as the case may be.
(5)Any competent objector who appeared at the hearing of any application mentioned in subsection (4) above may appeal to the sheriff against the decision of the licensing board to grant, renew or transfer a licence, as the case may be.
(6)Any person entitled under this section to appeal to the sheriff against the grant or refusal of a licence may appeal to the sheriff against a decision of a licensing board to attach or not to attach a condition to a licence, being a condition mentioned in section 38(3) or 101(2) of this Act.
F1S. 17(1)(d) substituted (31.12.1991)by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 6; S.I. 1991/2862, art. 3, Schedule.
F2S. 17(2A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(4)(a)
F3Words in s. 17(4) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(4)(b)
(1)A licensing board shall [F1, within 21 days of being required to do so under subsection (2) below,] give reasons for arriving at any decisions mentioned in section 5(2) of this Act F2. . ..
(2)Reasons for decisions referred to in subsection (1) above may be required to be given by the board in writing on a request being made to the clerk of the board, not more than 48 hours after the decision is made, by the applicant or, as the case may be, by the holder of the licence, or by any objector, or by any complainer who appeared at the hearing.
(3)Where a licensing board gives reasons in writing at the request of a party to the hearing, the board shall give copies of those reasons to all other parties to the hearing.
(4)[F3The period of 21 days referred to in subsection (1) above and] the period of 48 hours referred to in subsection (2) above shall not include a day which is a Sunday, Christmas Day, New Year’s Day, Good Friday, a bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning.
F1Words in s. 18(1) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 7(a); S.I. 1991/2862, art. 3,Schedule.
F2Words in s. 18(1) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), ss. 74, 75(2), Sch. 8 para. 7(a), Sch. 9 (Sch. 8 Pt. I of that Act, by virtue of which the specified words ceased to have effect, was brought into force on 31.12.1991 by S.I. 1991/2862, art. 3,Sch.; the repeal of the specified words by Sch. 9 of that Act was expressed to be brought into force so far as not already in force on 17.3.1993 by S.I. 1993/641, art. 3,Sch.).
F3Words in s. 18(4) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 7(b); S.I. 1991/2862, art. 3, Schedule
(1)In granting—
(a)a licence under section 17 of this Act;
(b)an occasional licence under section 33 of this Act; or
(c)an occasional permission under section 34 of this Act,
in respect of premises on or a place at which it appears to the licensing board that any event to which this section applies may be held, the licensing board shall attach to the licence or permission the prescribed conditions and such other conditions as the board considers necessary for the purpose of safeguarding the health and safety of persons attending any such event.
(2)The duty of a licensing board under subsection (1) above to attach conditions to a licence or permission is without prejudice to any power of the board under this Act to attach or impose conditions to or in respect of a licence or permission.
(3)This section applies to any event—
(a)at which music is played or relayed;
(b)which consists of or includes the opportunity for persons attending the event to engage in dancing; and
(c)at which it appears to the board that offences may be committed in relation to controlled drugs within the meaning of section 2 of the M1Misuse of Drugs Act 1971.
(4)The Secretary of State may, by order, prescribe the conditions which are to be attached to a licence or permission under this section, and an order made under this subsection may prescribe—
(a)the terms of any such condition; or
(b)the description of any such condition, the terms of which shall be specified by the licensing board,
and such an order shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Without prejudice to the generality of subsection (1) above or to the power of the Secretary of State to prescribe terms or descriptions of conditions under subsection (4) above, the conditions may provide that no event to which this section applies, or no such description of such events as may be determined by the board, shall be held without the consent of the board.
(6)The holder of a licence may appeal to the sheriff against—
(a)the terms of any condition (other than the terms of any condition prescribed under subsection (4) above) imposed under subsection (1) above; and
(b)the refusal of consent under subsection (5) above.
(7)The holder of a licence or his employee or agent shall be guilty of an offence if he contravenes any condition attached to the licence or permission under subsection (1) above.
(8)It shall be a defence for a person charged with an offence under subsection (7) above to prove that he took all reasonable steps to comply with the condition.
(9)In this section—
“holder of a licence" includes a person to whom an occasional permission has been granted under section 34 of this Act;
“dancing" includes any movement apparently to the accompaniment of music;
“music" includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats; and
“prescribed conditions" means the conditions prescribed by the Secretary of State under subsection (4) above.
(10)In the application of section 67(1)(a) and (c) and (2) to an offence under subsection (7) above, “licence-holder" includes a person to whom an occasional permission has been granted.