Scottish Statutory Instruments
2004 No. 157
LICENSING (LIQUOR)
The Liquor Licensing (Fees) (Scotland) Order 2004
Made
24th March 2004
Coming into force
5th April 2004
The Scottish Ministers, in exercise of the powers conferred by sections 8(1) and 135 of the Licensing (Scotland) Act 1976(1) and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Liquor Licensing (Fees) (Scotland) Order 2004 and shall come into force on 5th April 2004.
(2) In this Order–
“the Act” means the Licensing (Scotland) Act 1976; and
“the 1990 Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(2).
Fees payable
2. The fee payable by any applicant to a licensing board–
(a)in respect of any matter described in column 1 of Part I of the Schedule to this Order and arising under the provisions of the Act specified in column 2 of that Part shall be the amount specified in the corresponding entry in column 3, instead of the amount, where relevant, specified opposite thereto in column 4(3); and
(b)in respect of the matter described in column 1 of Part II of the Schedule to this Order and arising under the provision of the 1990 Act specified in column 2 of that Part shall be the amount specified in the corresponding entry in column 3, instead of the amount specified opposite thereto in column 4(4).
Revocations
3. The Liquor Licensing (Fees) (Scotland) Order 2001(5) is hereby revoked.
CATHY JAMIESON
A member of the Scottish Executive
St Andrew’s House, Edinburgh
24th March 2004
Article 2
SCHEDULE
PART I
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Matter to which fee relates | Relevant provisions of the Act | New Fee | Old Fee |
| £ | £ | ||
(a)Application in respect of a seaman’s canteen under Part III of the Act for– | |||
| Licence under Part III | Section 40 | 172 | 160 |
| Provisional Licence | Section 41(5) | 138 | 129 |
| Declaration of finality of provisional licence | Section 41(5) | 34 | 32 |
| Renewal of licence | Section 42(2) | 86 | 80 |
| Transfer of licence | Section 43(2) | 17 | 16 |
| Occasional extension of permitted hours | Section 64(1)(6) | 17 | 16 |
| Regular extension of permitted hours | Section 64(1) | 86 | 80 |
(b)Application in respect of a registered club for– | |||
| Occasional licence | Section 33(2)(7) | 17 | 16 |
| Declaration of satisfaction with adaptation and use of premises | Section 57(1) or 58(1) | 17 | 16 |
| Occasional extension of permitted hours | Section 64(5) | 17 | 16 |
| Regular extension of permitted hours | Section 64(5) | 86 | 80 |
| Revocation of restriction order | Section 65(5) | 34 | 32 |
(c)Other applications under the Act for– | |||
| Licence under Part II | Section 9 | 172 | 160 |
| Provisional grant of licence | Section 26(1) or (2) | 138 | 129 |
| Affirmation of provisional grant of licence | Section 26(2) | 34 | 32 |
| Declaration of finality of provisional grant | Section 26(4) | 34 | 32 |
| Renewal of licence | Section 9 as read with definition of “grant” in section 139(1) | 86 | 80 |
| Duplicate licence | Section 21(2)(8) | 17 | 16 |
| Permanent transfer of licence | Section 25(1)(9) | 112 | 104 |
| Temporary transfer of licence | Section 25(1A)(10) | 17 | 16 |
| Permanent transfer of licence transferred temporarily | Section 25(1B)(11) | 94 | 88 |
| Transfer of licence to executors etc. | Section 25(2) | 17 | 16 |
| Endorsement of transferred licence | Section 25(5) | 2 | 2 |
| Substitution in licence of name of another employee or agent | Section 25(3) | 17 | 16 |
| Confirmation of licence transferred under section 25(2) or 25(3) | Section 25(4)(12) | 58 | 54 |
| Provisional licence | Section 27 | 138 | 129 |
| Occasional licence | Section 33(1)(13) | 17 | 16 |
| Occasional permission | Section 34(1)(14) | 10 | 9 |
| Declaration of satisfaction with adaptation and use of premises | Section 57(1) or 58(1) or 59(1)(15) | 17 | 16 |
| Occasional extension of permitted hours | Section 64(1) | 17 | 16 |
| Regular extension of permitted hours | Section 64(1) | 86 | 80 |
| Revocation of restriction order | Section 65(5) | 34 | 32 |
| Revocation of Sunday restriction order | Section 65(5) as applied by paragraph 22 of Part II of Schedule 4 | 34 | 32 |
| Cancellation of a closure order | Section 32(5) | 34 | 32 |
| Cancellation of suspension order | Section 36(6) | 34 | 32 |
| Consent to reconstruction etc. | Section 35(1) | 17 | 16 |
PART II
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Matter to which fee relates | Relevant provisions of the Act | New Fee | Old Fee |
| £ | £ | ||
| Application in respect of public house or hotel for Children’s certificate | Section 49 | 86 | 80 |
Explanatory Note
(This note is not part of the Order)
This Order determines the fees payable from 5th April 2004 by applicants to a licensing board under the Licensing (Scotland) Act 1976 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in respect of the matters listed in the Schedule to the Order. The fees are increased by approximately 7.25 per cent.
1976 c. 66. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland act 1998 (c. 46).
The amounts specified in column 4 of Part I of the Schedule to this Order are the fees determined under the Liquor Licensing (Fees) (Scotland) Order 2001 (S.S.I. 2001/125).
The amount specified in column 4 of Part II of the Schedule to this Order is the fee determined under the Liquor Licensing (Fees) (Scotland) Order 2001 (S.S.I. 2001/125).
Section 64(1) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 12.
Section 33(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act, Schedule 8, paragraph 9.
Section 21(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Schedule 8, paragraph 8.
Section 25(1) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 51(2), and the Licensing (Amendment) (Scotland) Act 1992 (c. 18), section 1.
Section 25(1A) was substituted by the Licensing (Amendment) (Scotland) Act 1992, section 1(1)(b).
Section 25(1B) was substituted by the Licensing (Amendment) (Scotland) Act 1992, section 1(1)(b).
Section 25(4) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 51(4).
Section 33(1) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Schedule 8, paragraph 9.
Section 34(1) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Schedule 8, paragraph 10.
Section 59(1) was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Schedule 4, and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 46(5).