Licensing (Scotland) Act 2005

74 Determination of personal licence application S

(1) A personal licence application received by a Licensing Board is to be determined by the Board in accordance with this section.

(2) If—

(a) all of the conditions specified in subsection (3) are met in relation to the applicant, F1 ...

(b) the Board has received from the [F2 chief constable] a notice under section 73(3)(a),

[F3 (c) the notice does not include a recommendation under section 73(4),

(d) the applicant has signed the application, and

(e) subsection (8) does not apply,]

the Board must grant the application.

(3) The conditions referred to in subsection (2)(a) are that—

(a) the applicant is aged 18 or over,

(b) the applicant possesses a licensing qualification, F4 ...

[F5 (ba) the applicant does not already hold a personal licence, and]

(c) no personal licence previously held by the applicant has been revoked[F6 under any provision of this Act other than section 87(3)] within the period of 5 years ending with the day on which the application was received.

(4) If any of those conditions is not met in relation to the applicant, the Licensing Board must refuse the application.

(5) If—

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

[F7 (b) the notice received from the [F8 chief constable] under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,]

the Licensing Board must hold a hearing for the purpose of considering and determining the application.

[F9 (5A) If—

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

(b) the Board has received from the [F10 chief constable] a notice under subsection (3)(b) of section 73, and

(c) the notice does not include a recommendation under subsection (4) of that section,

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

(5B) If the Board decides not to hold a hearing under subsection (5A), the Board must grant the application.]

(6) At a hearing under subsection (5) [F11 or (5A)], the Licensing Board must, after having regard to the chief constable's notice—

(a) if satisfied that it is necessary to do so for the purposes of [F12 any of the licensing objectives], refuse the application, or

(b) if not so satisfied, grant the application.

[F13 (7) Subsection (8) applies if—

(a) all of the conditions specified in subsection (3) are met in relation to the applicant,

(b) the Board has received from the [F14 chief constable] a notice under section 73(3)(a), and

(c) the applicant has held a personal licence which—

(i) expired within the period of 3 years ending on the day on which the application was received, or

(ii) was surrendered by the applicant by notice under section 77(6) received within that period.

(8) The Licensing Board may—

(a) hold a hearing for the purposes of considering and determining the application, and

(b) after having regard to the circumstances in which the personal licence previously held expired or, as the case may be, was surrendered—

(i) refuse the application, or

(ii) grant the application.]

Textual Amendments

F1 Word in s. 74(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(a)(i), 206(1); S.S.I. 2010/413, art. 2, sch.

F2 Words in s. 74(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 S. 74(2)(c)-(e) added (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, sch.

F4 Word in s. 74(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(b)(i), 206(1); S.S.I. 2010/413, art. 2, sch.

F5 S. 74(3)(ba) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, sch.

F6 Words in s. 74(3)(c) inserted (5.8.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(2), 88(1)

F7 S. 74(5)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 6 para. 13(2); S.S.I. 2010/413, art. 2, sch.

F8 Words in s. 74(5)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F9 S. 74(5A)(5B) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 13(3); S.S.I. 2010/413, art. 2, sch.

F10 Words in s. 74(5A)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F11 Words in s. 74(6) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 13(4)(a); S.S.I. 2010/413, art. 2, Sch.

F12 Words in s. 74(6)(a) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 13(4)(b); S.S.I. 2010/413, art. 2, Sch.

F13 S. 74(7)(8) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(c), 206(1); S.S.I. 2010/413, art. 2, sch.

F14 Words in s. 74(7)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Commencement Information

I1 S. 74 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1