Licensing (Scotland) Act 1976 (repealed)

108 Competent ground of objection to registration. S

The sheriff shall not consider any objection to the grant or renewal of a certificate of registration unless it is made on one or more of the following grounds:—

(a) that the application made by the club is in any respect specified in such objection not in conformity with the provisions of this Act;

(b) that the rules of the club are in any respect specified in such objection not in conformity with the provisions of this Act;

(c) that the club has ceased to exist or has less than 25 members;

(d) that the premises are, or the situation thereof is, not suitable or convenient for the purposes of a club;

(e) that the club occupies premises in respect of which, within the period of 12 months immediately preceding the formation of the club, an order had been made under section 67(3) of this Act or the renewal of a licence under this Act had been refused, or in respect of which at the time when the premises were first occupied by the club an order was in force under section 110 of this Act that they should not be used for the purposes of a club;

(f) that the club is not conducted in good faith as a club, or that it is kept or habitually used for any unlawful purpose or mainly for the supply of alcoholic liquor;

(g) that there has been a failure to intimate to the registrar forthwith any change in the rules of the club or in the list containing the names and addresses of the officials and members of the committee of management or governing body of the club;

(h) that the club is to be used mainly as a drinking club;

(i) that there is frequent drunkenness in the club premises, or that drunken persons are frequently seen to leave the premises;

(j) that the club is [F1 or, in the case of an application for the renewal of a certificate of registration, has been, at any time during the currency of the certificate of registration in respect of which the application for renewal is made,] conducted in a disorderly manner;

(k) that illegal sales of alcoholic liquor have taken place in the club premises;

(l) that persons who are not members of the club are habitually admitted to the club premises merely for the purpose of obtaining alcoholic liquor;

(m) that the supply of alcoholic liquor to the club is not under the control of the members of the club or of the committee of management or governing body of the club;

(n) that the officials and committee of management or governing body of the club, or the manager, or a servant employed in or by the club, have or will have a personal interest in the purchase by the club or in the sale in the premises of the club of alcoholic liquor or in the profits arising therefrom, or, where the said premises are not owned by the club, that the owner or the immediate lessor of the premises has or will have such a personal interest;

(o) that any of the rules of the club referred to in section 107(1) of this Act are habitually broken;

(p) that persons are habitually admitted or supplied as members of the club without an interval of at least two weeks between their nomination and election as ordinary members, or for a subscription of a nominal amount;

(q) that the officials and committee of management or governing body of the club, or the members of the club, are persons of bad character or persons who follow no lawful occupation and have no means of subsistence;

(r) that the club has been, is or will be used as a resort of persons of bad character;

(s) that alcoholic liquor is sold or supplied for consumption on or off the premises outwith the permitted hours.

Textual Amendments

F1 Words in s. 108(j) inserted (31.12.1991) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 68A:2), s. 74, Sch. 8 para. 16; S.I. 1991/2862, art. 3, Schedule.