Licensing (Scotland) Act 1976 (repealed)

31 Suspension of licence on receipt of complaint. S

(1) Where on a complaint being made to a licensing board by any person or body mentioned in section 16(1) of this Act the board is satisfied that it is in the public interest to do so, it may, in accordance with the provisions of this section, suspend a licence.

(2) A licensing board may order the suspension of a licence on one or both of the following grounds—

(a) that the licence-holder is no longer a fit and proper person to be the holder of a licence;

(b) that the use of the premises in respect of which the licence is held has caused undue public nuisance or a threat to public order or safety.

[F1 (c) that there has been a breach of the conditions attached to the licence under section 18A(1) or 18B(4) of this Act.]

(3) In considering a complaint under this section, the licensing board may have regard to—

(a) any misconduct on the part of the holder of the licence, whether or not constituting a breach of this Act or any byelaw made thereunder [F2 or of any condition attached to a licence under the said section 18A(1) or 18B(4)], which in the opinion of the board has a bearing on his fitness to hold a licence;

(b) any misconduct on the part of persons frequenting licensed premises occurring in those premises or any misconduct in the immediate vicinity of licensed premises which is attributable to persons frequenting those premises.

(4) On receipt of a complaint under this section, the licensing board shall decide whether or not to hold a hearing on the issue and shall inform the complainer of the board’s decision in the matter.

(5) Where the licensing board decides to hold a hearing as mentioned in subsection (4) above—

(a) the clerk of the board shall serve on the holder of the licence, not less than 21 days before the hearing, a notice that the board proposes to hold a hearing, specifying the complaint and the grounds upon which suspension of the licence is sought;

(b) the clerk of the board shall give notice of the hearing to the complainer;

(c) any person or body mentioned in section 16(1) of this Act may, not less than 7 days before the hearing, lodge notice with the clerk of the board that he or it wishes to be heard in support of suspension of the licence specifying the grounds on which he or it seeks such suspension, and any such notice shall be intimated by such person to the holder of the licence;

(d) the board shall not order suspension of a licence without hearing the holder thereof unless after receiving due notice of the hearing the holder fails to appear.

[F3 (5A) Where the licensing board decides to hold a hearing as mentioned in subsection (4) above in respect of a complaint under this section which was made by a person or body other than the chief constable, the chief constable may, not less than 7 days before the hearing, lodge with the clerk of the board observations in respect of the proposed suspension of the licence, and any such observations shall be intimated by the chief constable to the holder of the licence.]

(6) Where a licensing board decides to order the suspension of a licence, the suspension shall not take effect until the expiry of the time within which the holder of the licence may appeal to the sheriff, or, if the holder appeals to the sheriff or thereafter to the Court of Session, until the appeal has been determined in favour of the suspension or has been abandoned.

(7) The period of the suspension of a licence under this section shall be a fixed period not exceeding one year or the unexpired portion of the duration of the licence, whichever is the less, and the effect of the suspension is that the licence shall cease to have effect during the period of the suspension.

(8) The holder of the licence may appeal to the sheriff against any order of a licensing board under this section, including the period of suspension mentioned in the order.

Textual Amendments

F1 S. 31(2)(c) inserted (21.10.1996) by 1996 c. 36, s. 1(2)(a); S.I. 1996/2670, art. 2

F2 Words in s. 31(3)(a) inserted (21.10.1996) by 1996 c. 36, s. 1)(2)(b); S.I. 1996/2780, art. 2

F3 S. 31(5A) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 53(2)