Licensing (Scotland) Act 2005

32Further application after refusal of application for variationS

This section has no associated Explanatory Notes

(1)Subsection (2) applies where a Licensing Board has refused a premises licence variation application (such a refusal being referred to in this section as the “earlier refusal”).

(2)Subject to subsection (3), the Board must refuse any subsequent premises licence variation application—

(a)in respect of the same premises licence, and

(b)seeking the same variation,

made before the expiry of the period of one year beginning with the date of the earlier refusal.

(3)Subsection (2) does not apply in relation to any subsequent application made during that period if—

(a)at the time of the earlier refusal, the Board directed that the subsection would not apply to any subsequent application, or

(b)the Board is satisfied that there has been a material change of circumstances since the earlier refusal.

Commencement Information

I1S. 32 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1