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13. Board procedural matters

Scottish Statutory Instruments

2006 No.

Licensing (Liquor)

The Licensing (Procedure) (Scotland) Regulations 2006

Made - - - - 2006

Laid before the Scottish Parliament 2006

Coming into force - - 2006

The Scottish Ministers, in exercise of the powers conferred by sections 21(6), 22(3)(a), 51(4), 58(2)(a), 61(4), 70(7), 79(5), 133, 134, 146(2) and 147(1) of, and paragraph 12(4) of schedule 1 to, the Licensing (Scotland) Act 2005( ²⁹) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Licensing (Procedure) (Scotland) Regulations 2006 and shall come into force on 2006.

Interpretation

2. -(1) In these Regulations, "Board" means a Licensing Board to which members have been elected under paragraph 2 of schedule 1 to the Licensing (Scotland) Act 2005.

(2) Any reference in these Regulations to a numbered section is a reference to the section so numbered in the Licensing (Scotland) Act 2005.

Meaning of "notifiable interest"

3. -(1) A person has a "notifiable interest" in neighbouring land for the purposes of section 21(1)(a) if that person falls within paragraph (2) or (3).

(2) A person falls within this paragraph if that person appears in the valuation roll as being the owner, lessee or occupier of neighbouring land.

(3) A person falls within this paragraph if that person is the owner or occupier of neighbouring land in respect of which there is no entry in the valuation roll.

Meaning of "neighbouring land"

4. Land is "neighbouring land" for the purposes of section 21(1)(a) if it is within 50 metres in any direction of any boundary of the premises to which the application in question relates.

^{(29) 2005 asp 16; see the definition of "prescribed" in section 147(1).}

Publicity as to applications

5. -(1) This regulation applies in respect of-

(a) an application for a premises licence under section 20(1);
(b) a premises licence variation application under section 29(1) (other than one in which the only variation sought is a minor variation);
(c) an application for an occasional licence under section 56(1); or
(d) an extended hours application under section 68(1),

which is to be considered at a meeting of a Board.

(2) The Board is to arrange for a notice containing the information specified in paragraph (3)-

(a) to be published in a newspaper circulating in the area of the Board no later than the beginning of the relevant period; or
(b) to be published on a website throughout the relevant period.

(3) The information referred to in paragraph (2) is-

(a) the name and address of the applicant;
(b) the name and address of any person representing the applicant for the purposes of the application;
(c) the name and address of the premises to which the application relates; and
(d) the date of the meeting of the Board at which the application is to be considered.

(4) In paragraph (2), "the relevant period" is the period of 3 weeks ending with the date of the meeting of the Board at which the application is to be considered.

Display of notice

6. -(1) On making-

(a) an application for a premises licence under section 20(1); or
(b) a premises licence variation application under section 29(1) (other than one in which the only variation sought is a minor variation),

the applicant is to display for 21 days a notice of A3 size at or near the premises to which the application relates.

(2) The notice required by paragraph (1)(a) is to be in the form set out in Schedule 1.

(3) The notice required by paragraph (1)(b) is to be in the form set out in Schedule 2.

(4) Where a Board considers that a notice required by paragraph (1) has for any reason not remained in place for the 21-day period or has been damaged during that period, it may require the applicant to display such a notice for a further 21-day period.

(5) On the expiry of a 21-day period under paragraph (1) or (4), the applicant is to submit to the Board a certificate in the form set out in Schedule 3.

Periods for Board to notify applications

7. -(1) Paragraph (2) makes provision as to the period following a Board's receipt of an application within which the Board requires to give notice of that application under the provision of the Act in question.

(2) That period is-

(a) 21 days under section 21(1);
(b) 14 days under section 33(4);
(c) 7 days under section 57(1);
(d) 7 days under section 69(1); and
(e) 21 days under section 73(1).

Documents to accompany notice of premises licence application

8. Where a Board is giving notice of a premises licence application to a person specified in paragraphs (b) to (e) of section 21(1), it must also send to that person a copy of the operating plan and layout plan which accompanied the application.

Objections and representations

9. -(1) A notice of objection under section 22(1)(a) is to be in the form set out in Schedule 4.

(2) A notice of representation under section 22(1)(b) is to be in the form set out in Schedule 5.

(3) A Board may treat any objection or representation as not made where it receives the relevant notice of objection or representation more than 21 days after whichever is the latest of-

(a) the first date of publication under regulation 5(2)(a) of a notice relating to the application in question;
(b) the first date of publication under regulation 5(2)(b) of a notice relating to that application; and
(c) any date specified by the Board under regulation 6(4) as the beginning of a further period for display of a notice.

(4) Where a Board considers that there are good reasons not to treat an objection or representation as not made despite its being entitled to do so under paragraph (3), the Board is to consider whether it is in the interests of justice to postpone or adjourn the meeting of the Board at which the application in question is to be considered.

Notification of objections and representations

10. -(1) A copy of a notice required to be given by a Board under section 22(3)(a) must be given no later than 7 days prior to the hearing under section 23(2) in respect of the premises licence application in question.

(2) A copy of a notice required to be given by a Board under section 58(2)(a) must be given within 7 days of the Board receiving that notice.

Timetable for hearings

11. -(1) A hearing under section 33(9), 38(1), 59(4), 70(2) or 83(7) is to be held no later than 6 weeks after the relevant date specified in paragraph (2).

(2) That date, in the case of a hearing-

(a) under subsection (9) of section 33, is the date on which the Board received from the chief constable the notice under subsection (6)(b) of that section;
(b) under section 38(1), is the date on which the Board made the premises licence review proposal or received the premises licence review application;
(c) under section 59(4), is the date on which the Board received the occasional licence application;
(d) under section 70(2), is the date on which the Board received the extended hours application; and
(e) under subsection (7) of section 83, is the date on which the Board received from the chief constable the notice under subsection (4)(b) of that section.

(3) A Board must give the notice of a review hearing required by section 38(3) no later than 21 days before the hearing.

Representation at hearings

12. -(1) Subject to paragraph (2), a party may be represented by another person at a hearing held by a Board.

(2) A Board may decide not to hear representations from a person who claims to represent a party but, when requested to do so by the Board, is unable to produce written authority to that effect from that party.

Notice of determinations under section 23

13. The notice required to be given by a Board under section 51(1) must be given within 7 days of the grant or refusal of the application in question.

Reasons under section 12(1)(b)

14. Where a Board makes a decision of the sort referred to in paragraph (b) of section 12(1), the reasons for that decision must be given to the Local Licensing Forum within 6 weeks of the decision being made.

Statement of reasons

15. -(1) A person entitled to require a statement of reasons under section 51(2), 61(2), 70(5) or 79(3) may do so by sending a notice to the clerk of the Board within 28 days of receiving a notice from the Board under whichever of the provisions referred to in paragraph (2) is applicable.

(2) Those provisions are sections 51(1), 61(1), 70(4) and 79(2).

(3) Any statement of reasons required in terms of such a notice as is referred to in paragraph (1) is to be issued within 6 weeks of receipt of that notice by the clerk of the Board.

Issuing and updating of licences

16. -(1) Any documents required to be issued under section 26(1) or 76(1) are to be issued within 28 days of the Board granting the premises licence application or the personal licence application, as the case may be.

(2) A Board is to carry out the duties in subsection (2) of section 49 within 14 days of whichever is the later of-

(a) the occurrence of the relevant event specified in subsection (1) of that section; and
(b) the date on which the premises licence in question came into the Board's possession.

(3) A Board is to carry out the duties in subsections (2) to (7) of section 89 within 14 days of whichever is the later of-

(a) the occurrence of the event specified in whichever of those subsections is applicable; and
(b) the date on which the premises licence in question came into the Board's possession.

(4) Any replacement licence or summary issued under section 53 or 92 is to be issued within 14 days of the Board being satisfied under whichever of those sections is applicable.

Notice of conviction

17. The notice required to be given by a Board to the appropriate chief constable under subsection (2) of section 83 must be given within 21 days of-

(a) the Board receiving a notice under subsection (1)(a) of that section; or
(b) the Board becoming aware as described in subsection (1)(b) of that section.

Schedule 1

Regulation 6(2)

Schedule 2

Regulation 6(3)

Schedule 3

Regulation 6(5)

Schedule 4

Regulation 9(1)

Licensing (Scotland) Act 2005 - Section 22

Notice of objection to Licensing Board

Guidance Notes

Under the terms of section 22 of the Licensing (Scotland) Act 2005, any person may object to an application made to a Licensing Board for a premises licence under section 20 of the Act.

Objections can be made on any basis relevant to one of the grounds for refusal of a premises licence specified in section 23(5) of the Act.

Those grounds for refusal are as follows:-

• that the subject premises are excluded premises,
• that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives,

that, having regard to-

• the nature of the activities proposed to be carried on in the subject premises,
• the location, character and condition of the premises, and
• the persons likely to frequent the premises,

the Board considers that the premises are unsuitable for use for the sale of alcohol

that, having regard to the number and capacity of-

• licensed premises, or
• licensed premises of the same or similar description as the subject premises

in the locality in which the subject premises are situated, 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 that description, in the locality.

Objections must be made to the relevant Licensing Board within xx days of the notice notifying the public of the applicant's intention to apply for a premises licence being displayed on the premises.

Persons making objections should be aware that a Licensing Board can reject any objection that it determines to be frivolous or vexatious. In doing so, a Board can recover from the person making the objection any expenses incurred by the Board in considering the notice.

Schedule 5

Regulation 9(2)

Licensing (Scotland) Act 2005 - Section 22

Notice of representations to Licensing Board

Guidance Notes

Under the terms of section 22 of the Licensing (Scotland) Act 2005, any person may make representations to a Licensing Board in respect of an application for a premises licence under section 20 of the Act.

Section 22 of the Act provides that representations can in particular be-

• In support of the application;
• As to modifications which the person considers should be made to the operating plan accompanying the application; or
• As to conditions which the person considers should be imposed.

Representations must be made to the relevant Licensing Board within xx days of the notice notifying the public of the applicant's intention to apply for a premises licence being displayed on the premises.

Persons making representations should be aware that a Licensing Board can reject any representation that it determines to be frivolous or vexatious. In doing so, a Board can recover from the person making the representation any expenses incurred by the Board in considering the notice.

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