- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/09/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/09/2009
Point in time view as at 01/09/2007. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Licensing (Scotland) Act 1976 (repealed), Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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.
[F1(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.]
[F2(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) [F3and (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 F4. . . 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
F1S. 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.
F2S. 5(2)(m) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 51(1)
F3Words 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
F4Words 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)
Textual Amendments applied to the whole legislation
F5Act 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
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys