Part 4Occasional licences

58Objections and representations

1

Where an occasional 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 59(6), or

b

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

i

in support of the application, or

ii

as to conditions which the person considers should be imposed.

2

Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any occasional 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 (3).

3

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

4

Where a Licensing Board rejects a notice of objection or representation under subsection (3), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.

5

In any proceedings by a Licensing Board for the recovery of expenses under subsection (4), a copy of any minute of proceedings of the Licensing Board—

a

recording the Board’s rejection of the notice and the grounds for 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.