{
  "url": "https://openlegislation.uk/licensing-scotland-act-2005/section-74",
  "json_url": "https://openlegislation.uk/licensing-scotland-act-2005/section-74.json",
  "legislation": "asp/2005/16",
  "legislation_title": "Licensing (Scotland) Act 2005",
  "legislation_url": "https://openlegislation.uk/licensing-scotland-act-2005",
  "path": "section/74",
  "kind": "section",
  "number": "74",
  "heading": "Determination of personal licence application",
  "text": "(1) A personal licence application received by a Licensing Board is to be determined by the Board in accordance with this section.\n(2) If—\n(a) all of the conditions specified in subsection (3) are met in relation to the applicant, ...\n(b) the Board has received from the chief constable a notice under section 73(3)(a),\n(c) the notice does not include a recommendation under section 73(4),\n(ca) no information has been provided under section 73(5) or 73A(2),\n(d) the applicant has signed the application, and\n(e) subsection (8) does not apply,\nthe Board must grant the application.\n(3) The conditions referred to in subsection (2)(a) are that—\n(a) the applicant is aged 18 or over,\n(b) the applicant possesses a licensing qualification, ...\n(ba) the applicant does not already hold a personal licence, and\n(c) no personal licence previously held by the applicant has been revoked under any provision of this Act other than section 87(3) within the period of 5 years ending with the day on which the application was received.\n(4) If any of those conditions is not met in relation to the applicant, the Licensing Board must refuse the application.\n(5) If—\n(a) all of those conditions are met in relation to the applicant, and\n(b) the notice received from the chief constable under subsection (3)(a) or (b) of section 73 includes a recommendation under subsection (4) of that section,\nthe Licensing Board must hold a hearing for the purpose of considering and determining the application.\n(5A) If—\n(a) all of those conditions are met in relation to the applicant,\n(b) the Board has received from the chief constable a notice under subsection (3)(b) of section 73, and\n(c) the notice does not include a recommendation under subsection (4) of that section,\nthe Board may hold a hearing for the purpose of considering and determining the application.\n(5AA) If—\n(a) all of those conditions are met in relation to the applicant,\n(b) the notice received from the chief constable under subsection (3)(a) or (b) of section 73 does not include a recommendation under subsection (4) of that section, and\n(c) information has been provided under subsection (5) of that section or under section 73A(2),\nthe Board may hold a hearing for the purpose of considering and determining the application.\n(5B) If the Board decides not to hold a hearing under subsection (5A) or (5AA), the Board must grant the application.\n(6) At a hearing under subsection (5), (5A) or (5AA), the Licensing Board must, after having regard to the chief constable's notice and any information provided under section 73(5) or 73A(2)—\n(a) if satisfied that a ground for refusal applies, refuse the application, or\n(b) if not so satisfied, grant the application.\n(6A) The grounds for refusal are—\n(a) that, having regard to the licensing objectives, the applicant is not a fit and proper person to be the holder of a personal licence,\n(b) that it is otherwise necessary to refuse the application for the purposes of any of the licensing objectives.\n(7) Subsection (8) applies if—\n(a) all of the conditions specified in subsection (3) are met in relation to the applicant,\n(b) the Board has received from the chief constable a notice under section 73(3)(a), and\n(c) the applicant has held a personal licence which—\n(i) expired within the period of 3 years ending on the day on which the application was received, or\n(ii) was surrendered by the applicant by notice under section 77(6) received within that period.\n(8) The Licensing Board may—\n(a) hold a hearing for the purposes of considering and determining the application, and\n(b) after having regard to the circumstances in which the personal licence previously held expired or, as the case may be, was surrendered—\n(i) refuse the application, or\n(ii) grant the application.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in s. 74(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(a)(i), 206(1); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 74(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 74(2)(c)-(e) added (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "S. 74(2)(ca) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in s. 74(3) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(b)(i), 206(1); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "S. 74(3)(ba) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(b)(ii), 206(1); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 74(3)(c) inserted (5.8.2015) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 60(2), 88(1)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "S. 74(5)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 6 para. 13(2); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 74(5)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "S. 74(5A)(5B) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 13(3); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in s. 74(5A)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "S. 74(5AA) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in s. 74(5B) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(c), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in s. 74(6) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(d)(i), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in s. 74(6) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(d)(ii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in s. 74(6)(a) substituted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(d)(iii), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "S. 74(6A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 46(4)(e), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "S. 74(7)(8) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 192(2)(c), 206(1); S.S.I. 2010/413, art. 2, sch."
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in s. 74(7)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 74 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2005/16/section/74",
    "retrieved_at": "2026-10-29T20:16:20.073733+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}