- Latest available (Revised)
- Point in Time (01/10/2011)
- Original (As enacted)
Version Superseded: 01/11/2011
Point in time view as at 01/10/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Licensing (Scotland) Act 2005, Section 59 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)An occasional licence application received by a Licensing Board is to be determined in accordance with this section.
(2)If the Board has not received any—
(a)notice from the appropriate chief constable under section 57(2),
(b)report from a Licensing Standards Officer under section 57(3), or
(c)notice of objection or representation under section 58(1),
relating to the application, the Board must grant the application [F1unless the application must be refused under section 56(6A), 64(2) or 65(3)].
(3)In any other case, the Board must consider whether any of the grounds for refusal applies and—
(a)if none of them applies, the Board must grant the application, or
(b)if any of them applies, the Board must refuse the application.
(4)The Board may hold a hearing for the purposes of determining any application which is to be determined in accordance with subsection (3).
(5)Where the Board does not hold a hearing for that purpose, the Board must ensure that, before determining the application, the applicant is given an opportunity to comment on any such notice or report as is referred to in subsection (2).
(6)The grounds for refusal are—
(a)that the premises to which the application relates are excluded premises,
(b)that the application must be refused under section [F256(6A),] 64(2) or 65(3),
(c)that the Licensing Board considers the granting of the application would be inconsistent with one or more of the licensing objectives,
(d)that, having regard to—
(i)the nature of the activities proposed to be carried on in the premises to which the application relates,
(ii)the location, character and condition of the premises, and
(iii)the persons likely to frequent the premises,
the Board considers that the premises are unsuitable for use for the sale of alcohol.
(7)In considering, for the purposes of the ground for refusal specified in subsection (6)(c), whether the granting of the application would be inconsistent with the crime prevention objective, the Licensing Board must, in particular, take into account any notice given by the appropriate chief constable under section 57(2).
(8)In determining any application which is to be determined in accordance with subsection (3), the Board must take into account any report from a Licensing Standards Officer under section 57(3).
Textual Amendments
F1Words in s. 59(2) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 13(3)(a), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
F2Word in s. 59(6)(b) inserted (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 13(3)(b), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, Sch.
Commencement Information
I1S. 59 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: