Part 3Premises licences
Variation of licences
I135Determination of application under section 34
1
This section applies where the relevant licensing authority—
a
receives an application, made in accordance with section 34, to vary a premises licence, and
b
is satisfied that the applicant has complied with any requirement imposed on him by virtue of subsection (5) of that section.
2
Subject to subsection (3) and section 36(6), the authority must grant the application.
3
Where relevant representations are made, the authority must—
a
hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and
b
having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers F3appropriate for the promotion of the licensing objectives.
4
The steps are—
a
to modify the conditions of the licence;
b
to reject the whole or part of the application;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.
5
In this section “relevant representations” means representations which—
a
are about the likely effect of the grant of the application on the promotion of the licensing objectives, and
b
meet the requirements of subsection (6).
6
The requirements are—
a
that the representations are made by F4a responsible authority or other person within the period prescribed under section 17(5)(c) by virtue of section 34(5),
b
that they have not been withdrawn, and
c
in the case of representations made by F2a person who is not a responsible authority , that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
7
Subsections (2) and (3) are subject to sections F119 to 21(which require certain conditions to be included in premises licences).