Index:
1. Interpretation
2. Application Documents
3. Plans
4. Finalities and Affirmations
5. Transfers and Substitutions
6. Occasional Extensions, Licences and Permissions
7. Children’s Certificates
8. Meetings
9. Attendance at meetings
10.Delegation
Regulations made by: Caithness, Sutherland and Easter Ross Division, Inverness, Nairn and Badenoch and Strathspey Division and Ross, Skye and Lochaber Division of the Highland Licensing Board under Section 37 of the Licensing (Scotland) Act 1976 at the meeting of the Board held on 5th June 2007
By virtue of the powers conferred upon it by Section 37 of the Licensing (Scotland) Act 1976, the Caithness, Sutherland and Easter Ross, Inverness, Nairn and Badenoch & Strathspey and Ross, Skye & Lochaber Divisions of the Highland Licensing Board hereby make the following Regulations.
1. Interpretations -
"Act" means the Licensing (Scotland) Act 1976 as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Food Safety Act 1990, the Licensing Amendment (Scotland) Act 1992 and 1996 and the Local Government etc (Scotland) Act 1994.
"Board" means the Licensing Board for the Caithness, Sutherland & Easter Ross Division, Inverness, Nairn & Badenoch & Strathspey Division and Ross, Skye & Lochaber Division of the Highland Licensing Board and where appropriate this is held to include a Committee of the Board and any Members or other party to whom the Board has delegated any of its functions.
"Clerk" means the Clerk of the Board, or his deputes, and unless the context otherwise requires the interpretation, provisions in Section 139 of the Act apply to these Regulations.
"Chief Constable" means the Chief Constable, Northern Constabulary or, where the Act permits a duly authorised constable.
"Fee means appropriate fee in terms of S. 8(1) of the Act.
"Application" means an application form in terms approved by the Board duly completed and signed by the applicant or his authorised agent.
2. Documents to be lodged with Applications -
An Applicant or his Agent shall lodge with the Clerk of the Board within the specified time limit, the relevant documents and submissions in respect of the following types of application:-
2.1.
Where applicants for the grant or transfer of a licence are an incorporated body, the applicant should lodge with the application the name, address and occupation of the directors and secretary of the body, unless the Board has previously approved an application in their favour.
2.2.
New Licence Application (including the Provisional Licence Application) -
2.2.1. application.
2.2.2. the fee.
2.2.3. plans illustrating the premises.
all of which above documents must be lodged not later than five weeks before the first day of the Quarterly Meeting at which the application is to be considered.
2.2.4. the certificates appropriate in terms of Section 23 of the Act.
2.2.5. certification of posting of notice appropriate under Section 10 2(b) or 3
(b) of the Act, and
2.2.6. certification of delivery of notice in writing appropriate under Section 10
(5) of the Act –
all of which above documents must be lodged not later than two clear days before the first day of the Meeting at which the application is to be considered.
2.3.
Transfer of Licence Application –
Temporary Transfers
2.3.1. application.
2.3.2. the fee.
2.3.3. The current licence.
2.3.4. Confirmation in writing by the applicant that he is a new tenant or a
new or existing occupant.
2.3.5. Consent in writing by the existing tenant that he consents to the
application.
All of which documents must be lodged not later than 2 weeks before the first day of each month when the application is to be considered.
2.4.
Consent for Reconstruction, Extension or Alteration in terms of Section 35 of the Act –
2.4.1. application.
2.4.2. the fee.
2.4.3. plans illustrating the proposed works, and
2.4.4. a memorandum describing the proposed works.
2.5.
Children's Certificates
2.5.1. Application.
2.5.2. The Fee.
2.5.3. Plans.
2.6.
In respect of all other types of application under the Act, the Applicant or his Agent shall require to fulfil the requirements stated in the Act.
2.6.1. Having regard to S.139(5) of the Act where an applicant who is a
natural person elects not to disclose his address, he shall state such
request on the application and under separate cover notify the Clerk
and the Chief Constable of his address and of any change in same
which may occur from time to time.
Plans
3.
In all applications where plans are required they shall be lodged as undernoted unless directed otherwise.
3.1.1. seven copies of the plans, one of which is to be durable material. All
such plans shall detail measurements and shall measure not less than
500 mm by 325 mm and shall be drawn to a scale of not less than
1/100
3.1.2. The premises which are the subject of the application shall be outlined
in blue and the walls and partitions hatched in black showing locations
of all entrances and exits
3.1.4. The plan will indicate the location of any area from which alcohol will
be sold or displayed and areas for customers to sit and stand.
3.1.5. If not included in the plans submitted the applicant shall produce a
location plan at a scale of not less than one to 2500.
3.2.
In the case of any application for an Off-Sales Licence, only sketch plans of the premises are required.
3.3.
In the case of an application under Section 35 of the Act, plans lodged shall show the licensed premises as existing with the proposed works clearly indicated on the plans.
3.4.
Plans shall not be altered after they have been lodged, nor shall plans be lodged in substitution of those originally lodged unless with the consent of the Board, and if any Licence is granted subject to some alteration of the plan or plans, all lodged copies of such plans shall be amended by the Applicant to show such alteration, and shall be re-lodged with the Clerk to the Board within four weeks of the Board's grant.
3.5.
All plans lodged require to be signed by the Applicant or his Agent as relative to the application.
Particular Applications
4.0.0
Finality/Affirmation - (a) An application under Section 26 of the Act to declare final a Provisional Licence (b) An application for Affirmation shall not be entertained by the Board earlier than fourteen days from the lodging thereof.
5.0.0
Applications under Section 25 of the Act –
Applications for temporary transfer and substitution shall unless cause is shown, be determined on the first working Monday of each month and shall be lodged with the Clerk at least fourteen days prior to the date for determination.
5.1.0 Any application for temporary transfer shall be accompanied with
certificates to the effect that (i) the holder of a licence consents to
the application and (ii) the applicant confirms he is a new tenant or a
new or existing occupant. On cause shown production of this
certificate may be waived.
5.2. In respect of the foregoing applications the Clerk shall consult with the
Chief Constable, Northern Constabulary.
6.0.0
Occasional Extensions, Occasional Licenses and Occasional Permissions - An application for an Occasional Extension under Section 64 of the Act or for an Occasional Licence under Section 33 of the Act, or for an Occasional Permission under Section 34 of the Act, shall be signed by the Applicant or his Agent and lodged with the Clerk not later that fourteen days prior to the date of the event to which the application relates. The said period may be waived on special cause shown by the Applicant.
6.1.0 An applicant for an Occasional Extension, Occasional Licence for an
Occasional Permission when lodging his application with the Clerk shall
send a copy of the same to the Chief Constable. If the Extension,
Licence or Permission is granted, the Clerk shall send the approved
licence with any conditions attached thereto to the Applicant, and
shall also send a copy of the approved Extension, Licence or
Permission, and any conditions, to the Chief Constable, all not later
than twenty-four hours prior to the beginning of the event to which
the application relates. The Clerk shall keep a record of all such
applications and decisions thereon.
7.0.0
Children's Certificates - Unless otherwise directed by the Board the following conditions shall apply to any Children’s Certificate granted by the Board:-
(i) The Certificate shall be valid for the period of the principal licence.
(ii) The Certificate applies for the purpose of children under 14 accompanied
by a person over 18 being present on the premises or part thereof
shown on the attached plan, for the purpose of the consumption of a
meal sold or supplied on the premises.
(iii) Any open fire or heating appliance in the premises or part thereof shall be
fitted with guard sufficient to prevent injury to any child who might
come in contact with it.
(iv) All electrical sockets in public areas shall be adequately protected.
(v) A minimum of two high chairs must be provided for young children.
(vi) Children's drinks must be served in plastic or paper containers.
(vii) Gaming machines licensed under the Gambling Act 2005 and subsequent
legislation shall not be operated whilst the certificate is in force.
(viii) This certificate and a copy of the conditions applying thereto shall be
displayed in a prominent place in the premises or part to which the
certificate is in force.
8.0.0
Meetings of the Board other than Quarterly Meetings - The Board may convene Meetings or Hearings from time to time to consider the applications or other matters other than those listed in Section 5(2)(a) to (m) of the Act.
9.0.0
Attendance at Licensing Board meetings by the Applicant or his Representative - The Licensing Board may decline to consider an application if the applicant or his representative does not attend the meeting at which the application is to be considered: Provided that an applicant for the renewal of a licence or for the permanent transfer of a licence need not attend or be represented unless the applicant has been cited by the Board to attend the meeting.
The Licensing Board shall not refuse an application for the renewal or permanent transfer of a licence without hearing the applicant or his representative: Provided that the Board may refuse such an application if the applicant, having been cited by the Board to attend the meeting at which his application is to be considered, fails to attend such a meeting.
Delegation
10.0
The following decisions are delegated to the Clerk.
10.1. Occasional Permissions within policy hours.
10.2. Occasional Licences within policy hours.
10.3 Occasional Extensions within policy hours.
10.4. S.35 Applications.
10.5. Declaration of Finality.
10.6. Affirmation of Licence.
10.7. Temporary Transfers under S.25
Any contentious applications under S10.1 to 10.7 shall be referred to the Chairman failing which two members for determination
10.8. Renewals except where a competent objection has been lodged.
10.9. Applications under S57, 58 and 59.
10.10 Applications under S31(4) and 32(1) these applications shall be
referred to the Chairman for determination.
The Regulations were approved by the Caithness, Sutherland & Easter Ross Divisional Licensing Board, Inverness, Nairn & Badenoch & Strathspey Divisional Licensing Board and Ross, Skye & Lochaber Divisional Licensing Board of the Highland Licensing Board on 5th June 2007.
D R Somerville - Clerk
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