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Licensing (Scotland) Act 1976 (repealed)
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Changes over time for: Section 2
Version Superseded: 01/09/2009
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- 01/02/1991- Amendment
- 01/05/2007- Amendment
- 18/06/2008
Point in time - 01/09/2009- Amendment
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2 Disqualification of interested persons.F2S
(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 M1Income 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1S. 2(7) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 4
Marginal Citations
M11970 c. 10(63:1).
Textual Amendments applied to the whole legislation
F2Act repealed (1.6.2006 for specified purposes, 1.5.2007 for specified purposes, 1.2.2008 for specified purposes, 1.9.2009 in so far as not already in force) by Licensing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
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