§ Applications for Sunday opening
§ 1. Applications may be made to a licensing board in accordance with the provisions of this Schedule for permission to open premises on Sundays as mentioned in section 54(2) of this Act, and any such application is referred to in this Schedule as "an application for Sunday opening".
§ 2. The holder of a public house licence or a refreshment licence in respect of any premises may make an applicaion for Sunday opening of the premises, and any such application shall be in such form as may be prescribed, shall be completed and signed by the applicant or his agent, and shall be lodged with the clerk of the licensing board within whose area the premises are situated not later than five weeks before the first day of the meeting of the board at which the application is to be considered.
§ 3. The clerk of a licensing board shall, not later than three weeks before the first day of the meeting of the board at which the applications are to be considered, cause to be published in one or more newspapers circulating in the area of the board a list of all competing applications for Sunday opening made to the board under paragraph 2 above.
§ 4. The list mentioned in paragraph 3 above shall specify—
- (a) the name, designation and address of the applicant;
- (b) the address of the premises in respect of which the application is made;
- (c) the first day of the meeting of the licensing board at which the application is to be considered.
§ 5. It shall be competent for any person mentioned in section 17(1) of this Act to object in relation to any application made under paragraph 2 above, and the provisions of subsections (2) to (4) of that section shall apply in relation to such objections.
§ 6. A licensing board shall refuse an application made under paragraph 2 above if it is satisfied that the opening and use on a Sunday of the premises to which the application relates would cause undue disturbance or public nuisance in the locality, but otherwise shall grant the application.
§ 7. The consequences of the refusal of an application under paragraph 6 above in respect of any premises is that there shall be no permitted hours in those premises on a Sunday.
§ 8. An applicant may appeal to the sheriff against a decision of a licensing board to refuse an application under paragraph 6 above.
§ 9. Any competent objector who appeared at the hearing of any application made under paragraph 2 above may appeal to the sheriff 578 against a decision of the licensing board to grant the application.
§ 10. A licensing board shall not within two years of its refusal of an application made under paragraph 2 above in respect of any premises enterttain another such application in respect of those premises.
§ 11. An application for a new public house licence or refreshment licence under section 11 of this Act shall state whether the applicant is making an application for Sunday opening, and if an application for Sunday opening is made, the clerk of the licensing board shall include in the list mentioned in section 13(1) of this Act information to that effect.
§ 12. Paragraphs 5 to 9 above shall apply in relation to an application for Sunday opening under paragraph 11 above as they apply in relation to an application for Sunday opening under paragraph 2 above.