Licensing (Scotland) Act 1976 (repealed)

Part IF10 S Licensing Boards

Textual Amendments applied to the whole legislation

F10 Act repealed (1.6.2006 for specified purposes, 1.5.2007 for specified purposes, 1.2.2008 for specified purposes, 1.9.2009 in so far as not already in force) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I 2007/129, art. 3, sch.; S.S.I 2007/472, arts. 2, 3, sch. 1, sch. 2

F1 1 Licensing boards. S

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Textual Amendments

F1 Act repealed (1.6.2006 for the repeal of specified words in s. 68(2), 1.5.2007 for the repeal of ss. 1, 2(1)(3), 3, 6, 7) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I. 2007/129, art. 3, sch.

2 Disqualification of interested persons. S

(1) A person who is, or who is in partnership with any person as, a brewer, maltster, distiller, or dealer in or retailer of alcoholic liquor, shall not act as a member of a licensing board for any purpose under this Act.

(2) A member of a licensing board who holds a disqualifying interest in a company shall not take part in any proceedings before the board in which that company is an applicant or an objector, and in this subsection “disqualifying interest” means a beneficial interest in shares or stock of a close company within the meaning of section 282 of the M1 Income and Corporation Taxes Act 1970 which have a total nominal value exceeding £50 or which amount to more than one hundredth part of the nominal value of the issued share capital, or stock, as the case may be, of the company or any class of such capital or stock.

(3) A person who is an employee of a holder of a licence under this Act and any other person engaged in a business which deals in alcoholic liquor, including directors, officers and employees of companies so engaged shall not act as a member of a licensing board for any purpose under this Act.

(4) A member of a licensing board shall not act in the granting of a licence in respect of premises of which he is the proprietor, tenant or sub-tenant.

(5) If any person knowingly and wilfully contravenes this section, he shall be guilty of an offence.

(6) Anything done by any person in contravention of this section shall be void:

Provided that the grant of a new licence under this Act shall not be liable to objection on the ground that the members of the licensing board, or any of them, were not qualified to grant a licence.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 S. 2(7) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 4

Marginal Citations

M1 1970 c. 10(63:1).

F3 3 Expenses of members of licensing boards. S

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Textual Amendments

F3 Act repealed (1.6.2006 for the repeal of specified words in s. 68(2), 1.5.2007 for the repeal of ss. 1, 2(1)(3), 3, 6, 7) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I. 2007/129, art. 3, sch.

4 Meetings of licensing boards. S

(1) For the purposes of the discharge of its functions under this Act, every licensing board

(a) shall hold a meeting in January, March, June and October of each year beginning on a date in each such month fixed by the licensing board at least eight weeks prior to the meeting;

(b) may hold such other meetings as appear to the board to be appropriate.

(2) A licensing board may adjourn any meeting held by virtue of subsection (1) above from time to time during the period of one month next following the first day of such meeting, but no longer.

5 Arrangements for discharge of functions of licensing boards. S

(1) Subject to subsection (2) below, a licensing board may arrange for the discharge of any of its functions by a committee of the board, a member or members of the board, the clerk of the board or any other person appointed to assist the clerk.

(2) A licensing board shall not make any arrangements under subsection (1) above for the discharge of any of the following functions—

(a) making a decision on the application for the grant, including the provisional grant, of a new licence;

(b) making a decision on an application for the renewal of a licence where a competent objection has been lodged;

(c) making a decision to refuse to grant the renewal of a licence;

(d) making a decision on the permanent transfer of a licence;

(e) making a decision on an application for a regular extension of permitted hours;

(f) making a decision on the restriction of the terminal permitted hour;

(g) making a decision on an application for restoration of restricted hours;

(h) making a decision on an application for Sunday opening under Part I of Schedule 4 to this Act other than an application under paragraph 13 of that Schedule where no objection is made in relation to the application;

(i) making a decision as regards a Sunday restriction order or the revocation of such an order under Part II of Schedule 4 to this Act;

(j) making a decision on the suspension of a licence;

(k) making a decision on a closure order.

[F4 (l) making a decision on an application for the grant of a children’s certificate under section 49 of the Law Reform (Miscellaneous Provisions (Scotland) Act 1990.]

[F5 (m) confirming, under section 25(4) of this Act, the transfer of a licence transferred by virtue of subsections (2) or (3) of that section.]

(3) One half of the members of a licensing board (and in no case less than three members) shall be a quorum for any meeting of the board to discharge functions mentioned in subsection (2) above.

(4) The chairman of a licensing board, or, in his absence, the clerk of the board may, if a quorum is not present for any such meeting of the board, call a further meeting in place of the meeting not held.

(5) A licensing board may, at any such meeting of the board, act notwithstanding any vacancy, if a quorum is present.

(6) A licensing board may only deal with any proceedings relating to matters mentioned in paragraphs (a) to (i) [F6 and (l)] of subsection (2) above at a quarterly meeting of the board held by virtue of section 4(1)(a) of this Act.

(7) Proceedings relating to matters mentioned in subsection (2) above, including voting in connection therewith, shall be held in public, but a licensing board may retire to consider its decision in any such matter and the clerk of the board shall accompany the board when it so retires unless the board otherwise directs.

(8) The F7 . . . council concerned shall provide accommodation for the meetings, and otherwise defray any necessary expenses in respect of the proceedings of the licensing boards for their area.

Textual Amendments

F4 S. 5(2)(l) added (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 2; S.I. 1991/2862, art. 3, Schedule.

F5 S. 5(2)(m) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 51(1)

F6 Words in s. 5(6) added (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 3; S.I. 1991/2862, art. 3, Schedule

F7 Words in s. 5(8) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 106(4), Sch. 14; S. I. 1996/323, art. 4(1)(c)

F8 6 Chairman. S

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Textual Amendments

F8 Act repealed (1.6.2006 for the repeal of specified words in s. 68(2), 1.5.2007 for the repeal of ss. 1, 2(1)(3), 3, 6, 7) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I. 2007/129, art. 3, sch.

F9 7 Clerk of licensing boards. S

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Textual Amendments

F9 Act repealed (1.6.2006 for the repeal of specified words in s. 68(2), 1.5.2007 for the repeal of ss. 1, 2(1)(3), 3, 6, 7) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), sch. 7 (with s. 143); S.S.I. 2006/286, art. 2(b) (with arts. 3-5) (as amended (1.5.2007) by S.S.I. 2007/128, art. 6); S.S.I. 2007/129, art. 3, sch.

8 Fees payable. S

(1) The Secretary of State may, by order made by statutory instrument, determine the fees payable by any applicant to a licensing board.

(2) The fees mentioned in subsection (1) above shall not include fees payable under the provisions of the Betting, Gaming and Lotteries Acts 1963 to 1971 or of the M2 Gaming Act 1968.

(3) Fees determined by the Secretary of State under subsection (1) above shall, on being paid by any applicant to the board, be paid over by the clerk of that board to the council which defray the expenses of that board.

Marginal Citations

M2 1968 c. 65(12:1).