The Club Gaming and Club Machine Permits (Scotland) Regulations 2007

Consideration of application

9.—(1) The Licensing Board to whom an application for a permit is made must consider the application and–

(a) grant it, or

(b) refuse it.

(2) A Licensing Board may refuse an application for a permit only on one or more of the following grounds (having regard to the matters mentioned in regulation 23(1))–

(a) that the applicant is not–

(i) in the case of an application for a club gaming permit, a members' club or a miners' welfare institute, or

(ii) in the case of an application for a club machine permit, a members' club, a commercial club or a miners' welfare institute,

(b) that the premises on which the applicant conducts its activities are used wholly or mainly by children, by young persons or by both,

(c) that an offence, or a breach of a condition of a permit, has been committed in the course of gaming activities carried on by the applicant,

(d) that a permit held by the applicant has been cancelled during the period of 10 years ending with the date of the application, or

(e) that an objection to the application has been made under regulation 8.

(3) If a Licensing Board is satisfied in relation to an application for a permit of the matters specified in paragraph (2)(a) or (b), it must refuse the application.

(4) Subject to paragraph (5), before refusing an application for a permit a Licensing Board must hold a hearing to consider the application and any objection made under regulation 8.

(5) A Licensing Board may dispense with the requirement for a hearing with the consent of–

(a) the applicant, and

(b) any person who has made (and not withdrawn) an objection under regulation 8.