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Licensing (Scotland) Act 1976
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- 1976 c. 66
- Part II
- Section 10
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- s. 10(5) modified by S.S.I. 2007/454 art. 6
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- Act modified by S.S.I. 2007/128 art. 3(2)
- Act modified by S.S.I. 2008/194 art. 2
- Act repealed by 2005 asp 16 Sch. 7
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- S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
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- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.S.I. 2004/404 art. 2-4 commences (2003 asp 8)
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2006/239 art. 2 commences (2005 asp 16)
- S.S.I. 2006/286 art. 2(b) commences (2005 asp 16)
- S.S.I. 2007/129 art. 2 3 Sch. commences (2005 asp 16)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
10 Application for licence.S
(1)An application to a licensing board of any kind mentioned in subsection (6) below in respect of any premises shall be in such form as may be prescribed, shall be completed and signed by the applicant or his agent, and shall be lodged with the clerk of the licensing board within whose area the premises are situated not later than five weeks before the first day of the meeting of the board at which the application is to be considered.
(2)In the case of an application for the grant of a new licence, the applicant shall—
(a)along with his application, lodge with the clerk of the board a plan of the premises in respect of which the application is made; and
(b)arrange for the display at the premises, in a place and at a height where it can conveniently be read by the public, of a notice in the prescribed form intimating his application and the type of licence for which he applies, for a period of at least 21 days before the first day of the meeting as aforesaid.
Paragraph (a) of this subsection shall not apply to an application for the grant of an off-sale licence.
(3)In the case of an application for the provisional grant of a new licence, the applicant shall—
(a)along with his application, lodge with the clerk of the board a plan of the premises in respect of which the application is made; and
(b)arrange for the display at the site of the premises of a notice all as mentioned in subsection (2)(b) above.
[F1(3A)In the case of an application for the grant, the provisional grant or the renewal of a public house licence or a refreshment licence, the application shall state whether the applicant intends the premises to be open for the sale or supply of alcoholic liquor during the permitted hours on a Sunday]
(4)An applicant shall not be treated as having failed to comply with subsection (2)(b) or (3)(b) above if the notice is, without any fault or intention of his, removed, obscured or defaced before the first day of the meeting of the board at which the application is to be considered, so long as he has taken reasonable steps for its protection and, if need be, replacement.
(5)In the case of an application for the grant or provisional grant of a new licence, the applicant shall, not later than three weeks before the first day of the meeting of the board at which the application is to be considered, give notice in writing of the application to every occupier of premises situated in the same building as the premises to which the application relates.
(6)The applications referred to in subsection (1) above are as follows—
(a)an application for the grant or renewal of a licence;
(b)an application for the provisional grant of a new licence;
(c)an application for a permanent transfer of a licence;
(d)an application for a regular extension of permitted hours.
(7)On receipt of an application of a kind referred to in subsection (6) above, and until the first day of the meeting of the board at which the application is to be considered, the clerk of a licensing board shall make the application, together with the documents lodged therewith, available for inspection by members of the public during normal office hours.
[F2(8)A notice as mentioned in subsection (2) above and notice under subsection (5) above shall include a statement as to whether the applicant intends the premises to be open for the sale or supply of alcoholic liquor during the permitted hours on a Sunday.]
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