69G Objections and representations: supplementary provisions.

1

Any objection or representations under section 69B, 69D or 69EB of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the issue to which the objection or representations relate.

2

Any such objection or representations shall be made in the prescribed manner and, in the case of an objection or representations under section 69B or 69D of this Act, within the prescribed time after the making of the application to which the objection or representations relate.

3

In the case of an objection or representations under section 69B or 69D of this Act, the prescribed manner and prescribed time shall be stated in the notice of the application published under section 63(1) or (as the case may be) 68(4) of this Act.

4

Where the licensing authority considers there to be exceptional circumstances that justify his doing so, he may direct that for the purposes of this Part of this Act—

a

objections or representations be treated as duly made under section 69B or 69D of this Act, notwithstanding that they were not made in the prescribed manner or within the prescribed time;

b

representations be treated as duly made under section 69EB of this Act, notwithstanding that they were not made in the prescribed manner or within the period of review in question.

69H Determinations as to environmental matters: supplementary provisions.

1

In making any determination of a description mentioned in subsection (2) of this section, the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.

2

The determinations referred to are—

a

any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence;

b

any determination with respect to attaching any condition such as is mentioned in section 69C of this Act to an operator’s licence or varying or removing any such condition attached to an operator’s licence; and

c

any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence.

3

In making any such determination for the purposes of exercising—

a

any of his functions in relation to an application for, or for the variation of, an operator’s licence; or

b

any of his functions under sections 69EA to 69EC of this Act,

the licensing authority may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 69EA to 69EC, and may assume that those undertakings will be fulfilled.

4

In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c) of this section, the licensing authority may take into account any conditions such as are mentioned in section 69C of this Act that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.

5

Where the licensing authority—

a

grants an application for, or for the variation of, an operator’s licence; or

b

having served notice under section 69EA of this Act in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 69EB and 69EC of this Act in relation to that place,

any undertakings taken into account by the authority under subsection (4) of this section that the authority considers to be material to the application or (as the case may be) to his decision under sections 69EB and 69EC shall be recorded in the licence in question.