- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: