LegalizeThe Liquor Licensing (Fees) (Scotland) Order 1993
Made: 15th December 1993
Coming into force: 1st January 1994
The Secretary of State, in exercise of the powers conferred on him by sections 8(1) and 135 of the Licensing (Scotland) Act 1976[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement and interpretation
1
- (1) This Order may be cited as the Liquor Licensing (Fees) (Scotland) Order 1993 and shall come into force on 1st January 1994.
- (2) In this Order “the Act” means the Licensing (Scotland) Act 1976 and “the 1990 Act” means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00002].
Fees payable
2
The fee payable by any applicant to a licensing board–
- (a) in respect of any matter described in column 1 of Part I of the Schedule to this Order and arising under the provisions of the Act specified in column 2 of that Part shall be the amount specified in the corresponding entry in column 3, instead of the amount, where relevant, specified opposite thereto in column 4[^f00003]; and
- (b) in respect of the matter described in column 1 of Part II of the Schedule to this Order and arising under the provision of the 1990 Act specified in column 2 of that Part shall be the amount specified in the corresponding entry in column 3, instead of the amount specified opposite thereto in column 4[^f00004].
Revocations
3
The Liquor Licensing (Fees) (Scotland) Order 1990[^f00005] and the Liquor Licensing (Fees) (Scotland) Variation Order 1992[^f00006] are hereby revoked.
SCHEDULE
PART I
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Matter to which fee relates | Relevant provisions of the Act | New fee | Old fee |
| £ | £ | ||
| (a) Application in respect of a seaman’s canteen under Part III of the Act for | (a) Application in respect of a seaman’s canteen under Part III of the Act for | (a) Application in respect of a seaman’s canteen under Part III of the Act for | (a) Application in respect of a seaman’s canteen under Part III of the Act for |
| Licence under Part III | Section 40 | 131 | 120 |
| Provisional licence | Section 41(5) | 105 | 96 |
| Declaration of finality of provisional licence | Section 41(5) | 26 | 24 |
| Renewal of licence | Section 42(2) | 66 | 60 |
| Transfer of licence | Section 43(2) | 13 | 12 |
| Occasional extension of permitted hours | Section 64(1)[^f00007] | 13 | 12 |
| Regular extension of permitted hours | Section 64(1) | 66 | 60 |
| (b) Application in respect of a registered club for– | (b) Application in respect of a registered club for– | (b) Application in respect of a registered club for– | (b) Application in respect of a registered club for– |
| Occasional licence | Section 33(2)[^f00008] | 13 | 12 |
| Declaration of satisfaction with adaptation and use of premises | Section 57(1) or 58(1) | 13 | 12 |
| Occasional extension of permitted hours | Section 64(5) | 13 | 12 |
| Regular extension of permitted hours | Section 64(5) | 66 | 60 |
| Revocation of restriction order | Section 65(5) | 26 | 24 |
| (c) Other applications under the Act for– | (c) Other applications under the Act for– | (c) Other applications under the Act for– | (c) Other applications under the Act for– |
| Licence under Part II | Section 9 | 131 | 120 |
| Provisional grant of licence | Section 26(1) or (2) | 105 | 96 |
| Affirmation of provisional grant of licence | Section 26(2) | 26 | 24 |
| Declaration of finality of provisional grant | Section 26(4) | 26 | 24 |
| Renewal of licence | Section 9 as read with definition of grant in section 139(1) | 66 | 60 |
| Duplicate licence | Section 21(2)[^f00009] | 13 | 12 |
| Permanent transfer of licence | Section 25(1)[^f00010] | 85 | 83 |
| Temporary transfer of licence | Section 25(1A)[^f00011] | 13 | 12 |
| Permanent transfer of licence transferred temporarily | Section 25(1B)[^f00012] | 72 | 71 |
| Transfer of licence to executors etc | Section 25(2) | 13 | 12 |
| Endorsement of transferred licence | Section 25(5) | 2 | 2 |
| Substitution in licence of name of another employee or agent | Section 25(3) | 13 | 12 |
| Confirmation of licence transferred under section 25(2) | Section 25(4)[^f00013] | 44 | 40 |
| Provisional licence | Section 27 | 105 | 96 |
| Occasional licence | Section 33(1)[^f00014] | 13 | 12 |
| Occasional permission | Section 34(1)[^f00015] | 7 | 6 |
| Declaration of satisfaction with adaptation and use of premises | Sections 57(1) or 58(1) or 59(1)[^f00016] | 13 | 12 |
| Occasional extension of permitted hours | Section 64(1) | 13 | 12 |
| Regular extension of permitted hours | Section 64(1) | 66 | 60 |
| Sunday opening (unaccompanied by application for new licence or renewal) | Schedule 4[^f00017] | 66 | 60 |
| Revocation of restriction order | Section 65(5) | 26 | 24 |
| Revocation of Sunday restriction order | Section 65(5) as applied by paragraph 22 of Part II of Schedule 4 | 26 | 24 |
| Cancellation of a closure order | Section 32(5) | 26 | 24 |
| Cancellation of suspension order | Section 36(6) | 26 | 24 |
| Consent to reconstruction etc | Section 35(1) | 13 | 12 |
PART II
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Matter to which fee relates | Relevant provisions of the Act | New fee | Old fee |
| £ | £ | ||
| Application in respect of public house or hotel for– | |||
| Children’s certificate | Section 49 | 66 | 60 |
Signed
Fraser of Carmyllie — Minister of State, Scottish Office — 15th December 1993
Explanatory note
(This note is not part of the Order)
This Order determines the fees payable from 1st January 1994 by applicants to a licensing board under the Licensing (Scotland) Act 1976 and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in respect of the matters listed in the Schedule to the Order. The fees are increased by approximately 10 per cent.
Footnotes
[^f00001]: 1976 c. 66.
[^f00002]: 1990 c. 40.
[^f00003]: The amounts specified in column 4 of Part I of the Schedule to this Order are the fees determined under the Liquor Licensing (Fees) (Scotland) Order 1990 (S.I. 1990/2458) as varied by the Liquor Licensing (Fees) (Scotland) Variation Order 1992 (S.I. 1992/1011).
[^f00004]: The amount specified in column 4 of Part II of the Schedule to this Order is the fee determined under the Liquor Licensing (Fees) (Scotland) Order 1990 (S.I. 1990/2458).
[^f00005]: S.I. 1990/2458.
[^f00006]: S.I. 1992/1011.
[^f00007]: Section 64(1) was amended by paragraph 12 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00008]: Section 33(2) was amended by paragraph 9 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00009]: Section 21(2) was amended by paragraph 8 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00010]: Section 25(1) was amended by section 51(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) and section 1 of the Licensing (Amendment) (Scotland) Act 1992 (c. 18).
[^f00011]: Section 25(1A) was substituted by section 1(1)(b) of the Licensing (Amendment) (Scotland) Act 1992 (c. 18).
[^f00012]: Section 25(1B) was substituted by section 1(1)(b) of the Licensing (Amendment) (Scotland) Act 1992 (c. 18).
[^f00013]: Section 25(4) was amended by section 51(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00014]: Section 33(1) was amended by paragraph 9 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00015]: Section 34(1) was amended by paragraph 10 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00016]: Section 59(1) was amended by Schedule 4 to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23) and section 46(5) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00017]: Schedule 4 was amended by section 46 of the Law Reform (Miscellaneous Provision) (Scotland) Act 1990 (c. 40).
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