Licensing (Scotland) Act 1976 (repealed)

109 Cancellation of certificate of registration. S

(1) Any person entitled under section 105(3) of this Act to object to the renewal of the certificate of registration held by a registered club may apply to the sheriff for a finding that the club is being [F1 or has been, at any time during the currency of the certificate of registration,] so managed or carried on as to give rise to a ground of objection to the renewal of its certificate, being one of the grounds of objection specified in section 108 of this Act; and the sheriff may, if he is satisfied that such ground of objection has been established, make the finding applied for and shall specify therein the grounds for the finding.

(2) Where on an application under subsection (1) above such a finding as is therein mentioned has been made in respect of any club, or where a conviction has taken place under section 95 of this Act in respect of alcoholic liquor sold or supplied in any club, a certified copy of the application and finding or of the complaint and conviction, as the case may be, shall, within six days from the date of the finding or the conviction, be transmitted by the clerk of the court (unless he is also the registrar) to the registrar.

(3) Where—

(a) such a finding as is mentioned in subsection (1) above has been made in respect of any club; or

(b) a conviction has taken place under section 95 of this Act in respect of alcoholic liquor sold or supplied in any club;

the registrar shall enter such finding or conviction, as the case may be, in the register of clubs and lay the same before the sheriff; and the sheriff may, if he thinks fit, after such further enquiry as he may think necessary, and having regard to the grounds specified in such finding or the magnitude of the offence, as the case may be, cancel the certificate of registration of that club.

(4) Where the certificate of registration of any club has been cancelled under subsection (3) above, that club may apply for renewal of that certificate, but not earlier than 12 months after the date of such cancellation.

(5) The sheriff may, on an application under subsection (1) above, award expenses against the unsuccessful party.

Textual Amendments

F1 Words in s. 109(1) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 17; S.I. 1991/2862, art. 3,Schedule.