Licensing (Scotland) Act 1976 (repealed)

65 Restriction orders.S

[F1(1)Where, on a complaint being made to a licensing board by any person mentioned in section 16(1) of this Act in respect of any licensed premises or registered club, the board is satisfied that—

(a)the sale or supply of alcoholic liquor in the afternoon or in the evening in licensed premises or in a registered club is the cause of undue public nuisance or constitutes a threat to public order or safety; or

(b)the use of licensed premises is the cause of undue disturbance or public nuisance having regard to the way of life in the locality on a Sunday,

the board may make an order, in this section referred to as an “afternoon restriction order” or “evening restriction order” in the case of the grounds mentioned in paragraph (a) above or as a “Sunday restriction order” in the case of the grounds mentioned in paragraph (b) above; and, in this section, “restriction order” includes any such order.

(1A)The effect of an afternoon restriction order is that the permitted hours between half-past two and five in the afternoon shall be reduced by such a time and for such a period as may be specified in the order.

(1B)The effect of an evening retriction order is that the permitted hours in the evening shall be reduced by such a time and for such a period as may be specified in the order but no such order shall restrict the permitted hours before ten in the evening.

(1C)The effect of a Sunday restriction order is that there shall be no permitted hours on Sunday for such period as may be specified in the order or that the permitted hours on Sunday shall be reduced by such a time and for such a period as may be so specified.]

(2)The provisions of subsections (4) to (6) of section 31 of this Act shall, with any necessary modifications, apply in relation to a restriction order as they apply in relation to the suspension of a licence.

(3)The licensing board may make a restriction order in relation to individual premises or in relation to a group of premises in respect of which the same type of licence is held [F2provided that no restriction order shall be made in respect of premises in respect of which no complaint has been made].

(4)An application for the revocation of a restriction order may only be made after the expiry of two-thirds of the period for which the restriction order is in force.

(5)An application for the revocation of a restriction order shall be made in writing by the licence-holder of the premises or by the secretary of the registered club to which the order relates and lodged with the clerk of the licensing board not less than 21 days before the quarterly meeting at which the application is to be considered, and the licence-holder or secretary shall, at the same time, send a copy of the application to the persons whose complaint led to the making of the restriction order.

(6)Any person competent to make a complaint under this section may object to the revocation of a restriction order, and any such objection shall be made in writing and lodged with the clerk of the licensing board and a copy thereof sent to the licence-holder or to the registered club not less than 7 days before the quarterly meeting at which the application for revocation is to be considered.

(7)After considering the application and any objections made thereto, the licensing board may take such decision in the matter as it thinks fit and any such decision may relate to all or any of the premises which are the subject of the restriction order.

(8)The holder of the licence or a registered club may appeal to the sheriff against a decision of a licensing board to make a restriction order or against the period specified in a restriction order or against a refusal of the board to revoke the order, and any complainer who appeared at the hearing of an application for the revocation of a restriction order may appeal to the sheriff against a decision of the board to revoke the order.