Licensing (Scotland) Act 1976

16 Objections in relation to applications. S

(1) It shall be competent for any of the following persons to object in relation to any application to a licensing board for the grant (including the provisional grant) renewal or permanent transfer of a licence, namely,—

(a) any person owning or occupying property situated in the neighbourhood of the premises to which the application relates or any organisation which in the opinion of the board represents such persons;

(b) a community council, which has been established in accordance with the provisions of the M1 Local Government (Scotland) Act 1973, for the area in which the premises are situated;

(c) any organised church which, in the opinion of the licensing board, represents a significant body of opinion among persons residing in the neighbourhood of the premises;

(d) the chief constable.

[F1 (e) the fire authority for the area in which the premises are situated;

(f) a local authority for the area in which the premises are situated.]

(2) Where a competent objector desires to object in relation to any application, he shall, not later than seven days before the meeting of the licensing board at which the application is to be considered—

(a) lodge with the clerk of the board a written notice of objection which shall be signed by the objector or his agent and shall specify the grounds of his objection and

(b) intimate his objection to the applicant in the manner provided by subsection (3) below,

and an objection shall not be entertained by the licensing board unless it is proved or admitted that such objection was intimated to the applicant as aforesaid.

(3) An objection shall, for the purposes of paragraph (b) of subsection (2) above, be intimated to the applicant—

(a) by delivering to him a copy of the notice of objection lodged with the licensing board under paragraph (a) of that subsection; or

(b) by sending a copy of the said notice by registered post or by recorded delivery in a letter addressed to him at his proper address; or

(c) by leaving a copy of the said notice for him at his proper address;

and, for the purposes of paragraphs (b) and (c) of this subsection, the proper address in the case of an applicant being an individual natural person shall be his place of abode as specified in his application or, in the case of such an applicant applying for the renewal of a licence, the premises in respect of which the application is made, [F2 or, in the case of the agent of an applicant, shall be his place of business,] and, in the case of an applicant other than an individual natural person, shall be the address specified in the application.

(4) Notwithstanding anything in the foregoing provisions of this section, it shall be competent for a licensing board to entertain objections from the chief constable, lodged at any time before the hearing of an application, if the board is satisfied that there is sufficient reason why due notice and intimation of the objection could not be given, and in such a case the chief constable shall cause his objections to be intimated to the applicant before the hearing.

(5) The licensing board may only entertain an objection under this section if the objection is relevant to one or more of the grounds on which, by virtue of section 17 of this Act, an application may be refused, and shall [F3 , whether or not the objector appears, consider] any competent objection before arriving at its decision.

(6) The licensing board, if in its opinion any objection to the renewal of a licence is frivolous or vexatious, may find the objector liable in the expenses caused by such objection to such extent as the board thinks fit, or, if in its opinion any such objection is unauthorised, may find the agent of the objector liable in the expenses as aforesaid; and the amount of any expenses so found due may be recovered in the sheriff court having jurisdiction, and a certified copy of the finding of the licensing board shall be sufficient evidence and authority for decerning for the said amount with expenses.

Annotations:

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Amendments (Textual)

F1 S. 16(1)(e)(f) added (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 5(a); S.I. 1991/2862, art. 3, Schedule.

F2 Words in s. 16(3) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 5(b); S.I. 1991/2862, art. 3,Schedule

F3 Words in s. 16(5) substituted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 5(c); S.I. 1991/2862, art. 3,Schedule.

Marginal Citations

M1 1973 c. 65(81:2).