Licensing (Scotland) Act 1976 (repealed)

17 Grounds for refusal of application. S

(1) A licensing board shall refuse an application of the type described in subsection (2) below if it finds that one or more of the following grounds for refusal, being competent grounds, applies to it—

(a) that the applicant, or the person on whose behalf or for whose benefit the applicant will manage the premises or, in the case of an application to which section 11 of this Act applies, the applicant or the employee or agent named in the application is not a fit and proper person to be the holder of a licence;

(b) that the premises to which an application relates are not suitable or convenient for the sale of alcoholic liquor, having regard to their location, their character and condition, the nature and extent of the proposed use of the premises, and the persons likely to resort to the premises;

(c) that the use of the premises for the sale of alcoholic liquor is likely to cause undue public nuisance, or a threat to public order and safety;

[F1 (d) that, having regard to—

(i) the number of licensed premises in the locality at the time the application is considered; and

(ii) the number of premises in respect of which the provisional grant of a new licence is in force,

the board is satisfied that the grant of the application would result in the over provision of licensed premises in the locality,]

and otherwise shall grant the application.

(2) The grounds on which different types of application may competently be refused by a licensing board are those mentioned opposite the respective types of application set out below—

Typ e of application	Compete n t grounds
new licence, including the provisional grant of such a licence	those set out in subsection (1) above.
renewal of licence	those set out in paragraphs (a) to (c) of subsection (1) above.
permanent transfer of a licence	that set out in paragraph (a) of subsection (1) above.

[F2 (2A) A licensing board shall refuse to grant or renew a public house or a refreshment licence in respect of the permitted hours on a Sunday if it finds that the opening and use on a Sunday of the premises to which the application relates would cause undue disturbance or public nuisance in the locality, but the refusal of an application on that ground alone shall not prevent the licensing board from granting the application in respect of days other than Sundays.]

(3) In considering the grounds for refusal mentioned in paragraph (a) of subsection (1) above, the licensing board may have regard to any misconduct on the part of any person mentioned in that paragraph, whether or not constituting a breach of this Act or any byelaw made thereunder, which in the opinion of the board has a bearing on his fitness to hold a licence.

(4) An applicant for the grant of a new licence, including the provisional grant of such a licence, or for the renewal or permanent transfer of a licence may appeal to the sheriff against a refusal of a licensing board to grant, renew or transfer the licence [F3 or to grant the licence in respect of the permitted hours on a Sunday], as the case may be.

(5) Any competent objector who appeared at the hearing of any application mentioned in subsection (4) above may appeal to the sheriff against the decision of the licensing board to grant, renew or transfer a licence, as the case may be.

(6) Any person entitled under this section to appeal to the sheriff against the grant or refusal of a licence may appeal to the sheriff against a decision of a licensing board to attach or not to attach a condition to a licence, being a condition mentioned in section 38(3) or 101(2) of this Act.

Textual Amendments

F1 S. 17(1)(d) substituted (31.12.1991)by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 6; S.I. 1991/2862, art. 3, Schedule.

F2 S. 17(2A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(4)(a)

F3 Words in s. 17(4) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 46(4)(b)