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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

70Determination of extended hours application

This section has no associated Explanatory Notes

(1)In determining an extended hours application, the Licensing Board must take into account—

(a)any notice of objection given by the appropriate Chief Constable under section 69(2), and

(b)the Licensing Standards Officer’s report under section 69(3).

(2)The Board may hold a hearing for the purpose of determining an extended hours application.

(3)Where the Board does not hold a hearing for that purpose, the Board must, before determining the application, ensure that the applicant is given an opportunity to comment on any such notice or report as is mentioned in subsection (1).

(4)Where a Licensing Board grants or refuses an extended hours application, the Board must give notice of the grant or refusal to—

(a)the applicant,

(b)the appropriate chief constable, and

(c)any Licensing Standards Officer for the area in which the subject premises are situated.

(5)A person to whom notice is given under subsection (4) may, by notice to the clerk of the Board, require the Board to give a statement of reasons for the grant or refusal of the application.

(6)Where the clerk of a Licensing Board receives a notice under subsection (5), the Board must issue a statement of the reasons for the grant or refusal of the application to—

(a)each person giving the notice, and

(b)each other person to whom the Board gave notice under subsection (4).

(7)A statement of reasons under subsection (6) must be issued—

(a)by such time, and

(b)in such form and manner,

as may be prescribed.

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