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Link to original content: http://www.legislation.gov.uk/asp/2005/16/section/74/enacted/data.akn
http://www.legislation.gov.uk/asp/2005/16/section/74/enactedLicensing (Scotland) Act 2005Food related licencesLiquor licencesKing's Printer for Scotland2020-03-10Part 6Personal licencesGrant and renewal of personal licence
74Determination of personal licence application1

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, and

b

the Board has received from the appropriate chief constable a notice under section 73(3)(a),

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, and

c

no personal licence previously held by the applicant has been revoked within the period of 5 years ending with the day on which the application was received.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

b

the Board has received from the appropriate chief constable a notice under section 73(3)(b),

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

6

At a hearing under subsection (5), the Licensing Board must, after having regard to the chief constable’s notice—

a

if satisfied that it is necessary to do so for the purposes of the crime prevention objective, refuse the application, or

b

if not so satisfied, grant the application.