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United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Liquor Licensing (Fees) (Scotland) Order 1993 No. 3185 (S. 307)
URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_19933185_en.html

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Statutory Instruments

1993 No. 3185 (S.307)

LICENSING (LIQUOR)

The 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(1), 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(2).

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(3); 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(4).

Revocations

3. The Liquor Licensing (Fees) (Scotland) Order 1990(5) and the Liquor Licensing (Fees) (Scotland) Variation Order 1992(6) are hereby revoked.

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew's House,

Edinburgh

15th December 1993

Article 2

SCHEDULE

PART I

Column 1Column 2Column 3Column 4
Matter to which fee relatesRelevant provisions of the ActNew feeOld fee
££
(a) Application in respect of a seaman's canteen under Part III of the Act for
Licence under Part IIISection 40131120
Provisional licenceSection 41(5)10596
Declaration of finality of provisional licenceSection 41(5)2624
Renewal of licenceSection 42(2)6660
Transfer of licenceSection 43(2)1312
Occasional extension of permitted hoursSection 64(1)(7)1312
Regular extension of permitted hoursSection 64(1)6660
(b) Application in respect of a registered club for-�
Occasional licenceSection 33(2)(8)1312
Declaration of satisfaction with adaptation and use of premisesSection 57(1) or 58(1)1312
Occasional extension of permitted hoursSection 64(5)1312
Regular extension of permitted hoursSection 64(5)6660
Revocation of restriction orderSection 65(5)2624
(c) Other applications under the Act for-�
Licence under Part IISection 9131120
Provisional grant of licenceSection 26(1) or (2)10596
Affirmation of provisional grant of licenceSection 26(2)2624
Declaration of finality of provisional grantSection 26(4)2624
Renewal of licenceSection 9 as read with definition of grant in section 139(1)6660
Duplicate licenceSection 21(2)(9)1312
Permanent transfer of licenceSection 25(1)(10)8583
Temporary transfer of licenceSection 25(1A)(11)1312
Permanent transfer of licence transferred temporarilySection 25(1B)(12)7271
Transfer of licence to executors etcSection 25(2)1312
Endorsement of transferred licenceSection 25(5)22
Substitution in licence of name of another employee or agentSection 25(3)1312
Confirmation of licence transferred under section 25(2)Section 25(4)(13)4440
Provisional licenceSection 2710596
Occasional licenceSection 33(1)(14)1312
Occasional permissionSection 34(1)(15)76
Declaration of satisfaction with adaptation and use of premisesSections 57(1) or 58(1) or 59(1)(16)1312
Occasional extension of permitted hoursSection 64(1)1312
Regular extension of permitted hoursSection 64(1)6660
Sunday opening (unaccompanied by application for new licence or renewal)Schedule 4(17)6660
Revocation of restriction orderSection 65(5)2624
Revocation of Sunday restriction orderSection 65(5) as applied by paragraph 22 of Part II of Schedule 42624
Cancellation of a closure orderSection 32(5)2624
Cancellation of suspension orderSection 36(6)2624
Consent to reconstruction etcSection 35(1)1312

PART II

Column 1Column 2Column 3Column 4
Matter to which fee relatesRelevant provisions of the ActNew feeOld fee
££
Application in respect of public house or hotel for-�
Children's certificateSection 496660

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.

(3)

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).

(4)

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).

(5)

S.I. 1990/2458.

(6)

S.I. 1992/1011.

(7)

Section 64(1) was amended by paragraph 12 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(8)

Section 33(2) was amended by paragraph 9 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(9)

Section 21(2) was amended by paragraph 8 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(10)

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).

(11)

Section 25(1A) was substituted by section 1(1)(b) of the Licensing (Amendment) (Scotland) Act 1992 (c. 18).

(12)

Section 25(1B) was substituted by section 1(1)(b) of the Licensing (Amendment) (Scotland) Act 1992 (c. 18).

(13)

Section 25(4) was amended by section 51(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(14)

Section 33(1) was amended by paragraph 9 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(15)

Section 34(1) was amended by paragraph 10 of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(16)

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).

(17)

Schedule 4 was amended by section 46 of the Law Reform (Miscellaneous Provision) (Scotland) Act 1990 (c. 40).


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