Licensing (Scotland) Act 1976 (repealed)

5 Arrangements for discharge of functions of licensing boards. S

(1) Subject to subsection (2) below, a licensing board may arrange for the discharge of any of its functions by a committee of the board, a member or members of the board, the clerk of the board or any other person appointed to assist the clerk.

(2) A licensing board shall not make any arrangements under subsection (1) above for the discharge of any of the following functions—

(a) making a decision on the application for the grant, including the provisional grant, of a new licence;

(b) making a decision on an application for the renewal of a licence where a competent objection has been lodged;

(c) making a decision to refuse to grant the renewal of a licence;

(d) making a decision on the permanent transfer of a licence;

(e) making a decision on an application for a regular extension of permitted hours;

(f) making a decision on the restriction of the terminal permitted hour;

(g) making a decision on an application for restoration of restricted hours;

(h) making a decision on an application for Sunday opening under Part I of Schedule 4 to this Act other than an application under paragraph 13 of that Schedule where no objection is made in relation to the application;

(i) making a decision as regards a Sunday restriction order or the revocation of such an order under Part II of Schedule 4 to this Act;

(j) making a decision on the suspension of a licence;

(k) making a decision on a closure order.

[F1 (l) making a decision on an application for the grant of a children’s certificate under section 49 of the Law Reform (Miscellaneous Provisions (Scotland) Act 1990.]

[F2 (m) confirming, under section 25(4) of this Act, the transfer of a licence transferred by virtue of subsections (2) or (3) of that section.]

(3) One half of the members of a licensing board (and in no case less than three members) shall be a quorum for any meeting of the board to discharge functions mentioned in subsection (2) above.

(4) The chairman of a licensing board, or, in his absence, the clerk of the board may, if a quorum is not present for any such meeting of the board, call a further meeting in place of the meeting not held.

(5) A licensing board may, at any such meeting of the board, act notwithstanding any vacancy, if a quorum is present.

(6) A licensing board may only deal with any proceedings relating to matters mentioned in paragraphs (a) to (i) [F3 and (l)] of subsection (2) above at a quarterly meeting of the board held by virtue of section 4(1)(a) of this Act.

(7) Proceedings relating to matters mentioned in subsection (2) above, including voting in connection therewith, shall be held in public, but a licensing board may retire to consider its decision in any such matter and the clerk of the board shall accompany the board when it so retires unless the board otherwise directs.

(8) The F4 . . . council concerned shall provide accommodation for the meetings, and otherwise defray any necessary expenses in respect of the proceedings of the licensing boards for their area.

Textual Amendments

F1 S. 5(2)(l) added (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 2; S.I. 1991/2862, art. 3, Schedule.

F2 S. 5(2)(m) added by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 51(1)

F3 Words in s. 5(6) added (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 3; S.I. 1991/2862, art. 3, Schedule

F4 Words in s. 5(8) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 106(4), Sch. 14; S. I. 1996/323, art. 4(1)(c)