Licensing refusals

In terms of Section 23(5) of the Licensing (Scotland) Act 2005 the grounds for refusal are that the subject premises are excluded premises, the application must be refused under Section 25(2), 64(2) or 65(3) of the Act and the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives, namely:

• Preventing crime and disorder
• Securing public safety
• Preventing public nuisance
• Protecting and improving public health
• Protecting children from harm

Having regard to:

• the nature of the activities proposed to be carried out in the premises
• the location, character and condition of the premises
• the persons likely to frequent the premises
• the Board considers that the premises are unsuitable for use for the sale of alcohol.

Having regard to the number and capacity of:

• licensed premises
• licensed premises of the same or similar description as the subject premises

in the locality in which the subject premises are situated, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of that description, in the locality.