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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

25Further application after refusal of premises licence application

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(1)Subsection (2) applies where a Licensing Board has refused a premises licence application in respect of any premises (such a refusal being referred to in this section as the “earlier refusal”).

(2)Subject to subsection (3), the Board must refuse any subsequent premises licence application in respect of the same premises made before the expiry of the period of one year beginning with the date of the earlier refusal.

(3)Subsection (2) does not apply in relation to any subsequent application made during that period if—

(a)at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or

(b)the Board is satisfied that there has been a material change of circumstances since the earlier refusal.

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