Licensing (Scotland) Act 1976 (repealed)

1 Licensing boards.S

(1)For the administration of licensing with respect to alcoholic liquor on and after 1st July 1977, Scotland shall have licensing boards constituted in accordance with the provisions of this section.

(2)There shall be a separate licensing board for—

(a)each district and islands area which is not divided into licensing divisions under subsection (3) below, and

(b)each licensing division.

(3)The council of any district or islands area may from time to time determine whether the district or area shall be divided [F1(or continue to be divided)] into licensing divisions for the purposes of this Act, and such a council shall, on making a determination under this subsection, forthwith notify the Secretary of State of such determination and cause notice thereof to be published in two successive weeks in one or more newspapers circulating in the district or area.

(4)Subject to subsection (9) and (13) below, a licensing board shall consist of not less than one-quarter of the total number of members of the district or islands council and in no case shall consist of less than five such members.

(5)Where a district or islands area is divided into licensing divisions, then unless the Secretary of State otherwise directs, not less than one-third of the members of the licensing board for a licensing division shall be councillors for a ward or electoral division within the area of the licensing division.

(6)The members of a licensing board for a district or licensing division of a district shall be elected at the first meeting of the district council held after the ordinary election of that council in 1977 and, in the case of subsequent elections [F2of those members—

(a)except in so far as paragraph (b) below otherwise provides,], at the first meeting of the council held after each subsequent ordinary election of the council [F3; and

(b)where a determination under subsection (3) above is made (whether or not at such meeting of the council as is mentioned in paragraph (a) above), either—

(i)at the meeting at which the determination is made; or

(ii)at the first meeting of the council held after such meeting as is mentioned in subparagraph (i) above.].

(7)The members of a licensing board for an islands area or licensing division of an islands area shall be elected at a meeting of the council of the islands area to be held on a date between 16th May 1977 and 30th June 1977 to be determined by the council, and, in the case of subsequent elections [F2of those members—

(a)except in so far as paragraph (b) below otherwise provides,], at the first meeting of the council held after each subsequent ordinary election of the council [F3; and

(b)where a determination under subsection (3) above is made (whether or not at such meeting of the council as is mentioned in paragraph (a) above), either—

(i)at the meeting at which the determination is made; or

(ii)at the first meeting of the council held after such meeting as is mentioned in subparagraph (i) above.].

(8)The term of office of members of a licensing board shall begin with the day of their election under subsections (6) and (7) above and shall end on the day of the next election of members of the licensing board, but any member of a board shall be eligible for re-election.

(9)A member of a licensing board who has ceased to be a member of the authority by whom he was appointed by reason of an ordinary election to the council of that authority shall continue to be a member of the board until the first meeting of the council after the election.

(10)Any casual vacancy arising in a licensing board from death, resignation, disqualification or other cause may be filled by the election of a duly qualified person at the first meeting of the appointing council following upon the vacancy, and members so elected shall hold office until the date of the next meeting for election to the board.

(11)If a licensing board is not elected at the time at which it ought to be elected, or an insufficient number of members is elected for a board, the Secretary of State may by order provide for the holding of [F4an] election or elections for supplying such fault or deficiency in election at such times and in such manner as he may think expedient.

(12)No election held in pursuance of this Act shall be deemed to be vitiated in consequence of any technical defect in the proceedings which has not been prejudicial to the interests of any party concerned in such election.

(13)For the purposes of any proceedings at the quarterly meeting in March in the final year of office of members of a licensing board which are not finally disposed of before the expiry in that year of the term of office of the members, the members of the licensing board in office at the date of the said meeting shall, notwithstanding such expiry, be deemed to constitute the licensing board.

Textual Amendments

F4Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act (c. 23, SIF 81:2), Sch. 3 para. 37(c)