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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

74Determination of personal licence application

This section has no associated Explanatory Notes

(1)A personal licence application received by a Licensing Board is to be determined by the Board in accordance with this section.

(2)If—

(a)all of the conditions specified in subsection (3) are met in relation to the applicant, and

(b)the Board has received from the appropriate chief constable a notice under section 73(3)(a),

the Board must grant the application.

(3)The conditions referred to in subsection (2)(a) are that—

(a)the applicant is aged 18 or over,

(b)the applicant possesses a licensing qualification, and

(c)no personal licence previously held by the applicant has been revoked within the period of 5 years ending with the day on which the application was received.

(4)If any of those conditions is not met in relation to the applicant, the Licensing Board must refuse the application.

(5)If—

(a)all of those conditions are met in relation to the applicant, and

(b)the Board has received from the appropriate chief constable a notice under section 73(3)(b),

the Licensing Board must hold a hearing for the purpose of considering and determining the application.

(6)At a hearing under subsection (5), the Licensing Board must, after having regard to the chief constable’s notice—

(a)if satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application, or

(b)if not so satisfied, grant the application.

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