Licensing (Scotland) Act 2005

Changes over time for: Section 74

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Changes to legislation:

Licensing (Scotland) Act 2005, Section 74 is up to date with all changes known to be in force on or before 22 September 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.

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Changes and effects yet to be applied to Section 74:

specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
s. 33A inserted by 2015 asp 10 s. 49(4)
s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)

74Determination of personal licence applicationS

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(1)A personal licence application received by a Licensing Board is to be determined by the Board in accordance with this section.

(2)If—

(a)all of the conditions specified in subsection (3) are met in relation to the applicant, F1...

(b)the Board has received from the [F2chief constable] a notice under section 73(3)(a),

[F3(c)the notice does not include a recommendation under section 73(4),

[F4(ca)no information has been provided under section 73(5) or 73A(2),]

(d)the applicant has signed the application, and

(e)subsection (8) does not apply,]

the Board must grant the application.

(3)The conditions referred to in subsection (2)(a) are that—

(a)the applicant is aged 18 or over,

(b)the applicant possesses a licensing qualification, F5...

[F6(ba)the applicant does not already hold a personal licence, and]

(c)no personal licence previously held by the applicant has been revoked [F7under any provision of this Act other than section 87(3)] within the period of 5 years ending with the day on which the application was received.

(4)If any of those conditions is not met in relation to the applicant, the Licensing Board must refuse the application.

(5)If—

(a)all of those conditions are met in relation to the applicant, and

[F8(b)the notice received from the [F9chief constable] under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,]

the Licensing Board must hold a hearing for the purpose of considering and determining the application.

[F10(5A)If—

(a)all of those conditions are met in relation to the applicant,

(b)the Board has received from the [F11chief constable] a notice under subsection (3)(b) of section 73, and

(c)the notice does not include a recommendation under subsection (4) of that section,

the Board may hold a hearing for the purpose of considering and determining the application.

[F12(5AA)If—

(a)all of those conditions are met in relation to the applicant,

(b)the notice received from the chief constable under subsection (3)(a) or (b) of section 73 does not include a recommendation under subsection (4) of that section, and

(c)information has been provided under subsection (5) of that section or under section 73A(2),

the Board may hold a hearing for the purpose of considering and determining the application.]

(5B)If the Board decides not to hold a hearing under subsection (5A) [F13or (5AA)], the Board must grant the application.]

(6)At a hearing under subsection [F14(5), (5A) or (5AA)], the Licensing Board must, after having regard to the chief constable's notice [F15and any information provided under section 73(5) or 73A(2)]—

(a)if satisfied that [F16a ground for refusal applies], refuse the application, or

(b)if not so satisfied, grant the application.

[F17(6A)The grounds for refusal are—

(a)that, having regard to the licensing objectives, the applicant is not a fit and proper person to be the holder of a personal licence,

(b)that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.]

[F18(7)Subsection (8) applies if—

(a)all of the conditions specified in subsection (3) are met in relation to the applicant,

(b)the Board has received from the [F19chief constable] a notice under section 73(3)(a), and

(c)the applicant has held a personal licence which—

(i)expired within the period of 3 years ending on the day on which the application was received, or

(ii)was surrendered by the applicant by notice under section 77(6) received within that period.

(8)The Licensing Board may—