Part 9Miscellaneous and general

Procedures, forms etc.

I1136Fees

1

The Scottish Ministers may by regulations make provision for the charging of fees by Licensing Boards—

a

in respect of applications under this Act, and

b

otherwise in respect of the performance of functions by Licensing Boards, councils and Licensing Standards Officers under this Act.

2

Regulations under subsection (1) may, in particular—

a

specify fees or provide for them to be determined by reference to such factors as may be specified in or determined under the regulations,

b

provide for annual or other recurring fees,

c

provide for the remission or repayment of fees in such circumstances as may be specified in or determined under the regulations.

3

Before making any regulations under subsection (1) (other than regulations consolidating other regulations), the Scottish Ministers must consult—

a

such body or bodies as appear to them to be representative of the interests of—

i

Licensing Boards,

ii

councils, and

iii

those likely to be affected by the regulations, and

b

such other persons (if any) as they think appropriate.

4

Where regulations under subsection (1) provide for a fee to be charged in respect of any application made to a Licensing Board under this Act, the Board need not consider the application unless and until the fee is paid.

5

Any fee chargeable by a Licensing Board under any regulations made under subsection (1) is to be paid to the clerk of the Board.

6

The clerk of a Licensing Board must pay any sums received under subsection (5) to the relevant council.