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Licensing (Scotland) Act 2005

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This is the original version (as it was originally enacted).

22Objections and representations

This section has no associated Explanatory Notes

(1)Where a premises licence application is made to a Licensing Board, any person may, by notice to the Licensing Board—

(a)object to the application on any ground relevant to one of the grounds for refusal specified in section 23(5), or

(b)make representations to the Board concerning the application, including, in particular, representations—

(i)in support of the application,

(ii)as to modifications which the person considers should be made to the operating plan accompanying the application, or

(iii)as to conditions which the person considers should be imposed.

(2)The appropriate chief constable may, under subsection (1)(a), object to a premises licence application only on the ground that—

(a)the chief constable has reason to believe that—

(i)the applicant, or

(ii)in the cases where the applicant is neither an individual nor a council or where the application is in respect of premises which are to be used wholly or mainly for the purposes of a club, any connected person,

is involved in serious organised crime, and

(b)by reason of that involvement, the chief constable considers that it is necessary for the purposes of the crime prevention objective that the application be refused.

(3)Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any premises licence application made to the Board, the Board must—

(a)give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and

(b)have regard to the objection or representation in determining the application,

unless the Board rejects the notice under subsection (4).

(4)A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the Board considers the objection or representation is frivolous or vexatious.

(5)Where a Licensing Board rejects a notice of objection or representation under subsection (4), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.

(6)In any proceedings by a Licensing Board for the recovery of expenses under subsection (5), a copy of any minute of proceedings of the Licensing Board—

(a)recording the Board’s rejection of the notice and the grounds for the rejection, and

(b)certified by the clerk of the Board to be a true copy,

is sufficient evidence of the rejection and of the establishment of the ground for rejection.

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