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Methylated Spirits (Sale by Retail) (Scotland) Act 1937

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2Lists of persons entitled to sell methylated spirits.

(1)Every local authority shall keep for the purposes of this Act a list containing the names of persons, other than authorised sellers of poisons, who are to be entitled (subject to the possession of the necessary excise licence), to sell methylated spirits or surgical spirit by retail, and specifying the premises on which such persons are respectively to be so entitled to sell, and subject as hereinafter provided, shall, on application in the prescribed form by any person having premises in the area of the authority to have his name and such premises entered in the list, enter the same therein:

Provided that the local authority may refuse to enter in, or may remove from, the list the name of any person who fails to pay the prescribed fees, or who in the opinion of the authority is, for any sufficient reason, not fit to be in the list.

(2)Any person whose name is entered in a local authority's list shall be entitled on payment of the prescribed fee, to a certificate under the hand of the clerk or other officer of the local authority that his name is so entered.

(3)Any person aggrieved by the refusal of the local authority to enter his name in the list or by the removal of his name therefrom under the foregoing provisions of this section may, in accordance with rules made for the purpose of this section by Act of Sederunt, appeal against the refusal or the removal to the sheriff within whose jurisdiction such person's place of business is situate.

(4)Every person shall pay to the local authority such fees as may be prescribed, in respect of—

(a)the entry of such person's name in the local authority's list;

(b)the making of any alteration in the local authority's list in relation to the premises in which such person is entitled to sell;

(c)the retention of such person's name on the local authority's list in any year subsequent to the year in which his name is first entered therein ; and

(d)the issue of a certificate under the hand of the clerk or other officer of the local authority that the name of such person is entered in the local authority's fist.

(5)If any person whose name is entered in a local authority's fist is convicted before any court of any criminal offence, which in the opinion of the court renders him unfit to have his name on the list, the court may, as part of the sentence, order his name to be removed from the list and direct that he shall, for such period as may be specified in the order, be disqualified from having his name entered in any local authority's list.

(6)In this section the expression " year " means a period of twelve months beginning on such date as the local authority may from time to time determine.

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