- Latest available (Revised)
- Original (As enacted)
Licensing (Scotland) Act 2005, Section 23 is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A premises licence application received by a Licensing Board is to be determined in accordance with this section.
(2)The Licensing Board must hold a hearing for the purpose of considering and determining the application.
(3)In considering and determining the application, the Board must take account of the documents accompanying the application under section 20(2)(b).
(4)The Board must, in considering and determining the application, consider whether any of the grounds for refusal applies and—
(a)if none of them applies, the Board must grant the application, or
(b)if any of them applies, the Board must refuse the application.
(5)The grounds for refusal are—
(a)that the subject premises are excluded premises,
(b)that the application must be refused under section 25(2), 64(2) or 65(3),
[F1(ba)that the Licensing Board consider, having regard to the licensing objectives, that the applicant is not a fit and proper person to be the holder of a premises licence,]
(c)that the Licensing Board considers that the granting of the application would [F2otherwise] be inconsistent with one or more of the licensing objectives,
(d)that, having regard to—
(i)the nature of the activities proposed to be carried on in the subject premises,
(ii)the location, character and condition of the premises, and
(iii)the persons likely to frequent the premises,
the Board considers that the premises are unsuitable for use for the sale of alcohol,
(e)[F3that] the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of [F4the same or similar description as the subject premises,] in the locality.
[F5(6)In considering whether [F6either of the grounds for refusal specified in subsection (5)(ba) and (c) applies,] the Licensing Board must in particular take into account—
(a)any conviction, notice of which is given by the [F7chief constable] under subsection (4)(b) of section 21, and
(b)any report given by the [F7chief constable] under section 24A(2).]
(7)Where the Licensing Board considers that—
(a)they would refuse the application as made, but
(b)if a modification proposed by them were made to the operating plan [F8or layout plan (or both)] for the subject premises accompanying the application, they would be able to grant the application,
the Board must, if the applicant accepts the proposed modification, grant the application as modified.
(8)Where the Licensing Board refuses the application—
(a)the Board must specify the ground for refusal, and
(b)if the ground for refusal is that specified in subsection [F9(5)(ba) or (c)] , the Board must specify the licensing objective or objectives in question.
(9)In subsection (5)(e), references to “licensed premises” do not include licensed premises in respect of which an occasional licence has effect.
Textual Amendments
F1S. 23(5)(ba) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(a)(i), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
F2Word in s. 23(5)(c) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(a)(ii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
F3Word in s. 23(5)(e) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(3)(a), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)
F4Words in s. 23(5)(e) substituted (30.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 55(3)(b), 88(2); S.S.I. 2016/132, art. 2(b) (with art. 4)
F5S. 23(6) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 5; S.S.I. 2010/413, art. 2, sch.
F6Words in s. 23(6) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
F7Words in s. 23(6)(a)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F8Words in s. 23(7)(b) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 181, 206(1); S.S.I. 2010/413, art. 2, sch.
F9Words in s. 23(8)(b) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(3)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)
Commencement Information
I1S. 23 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: