Part 4Clubs
Variation of certificates
I185Determination of application under section 84
1
This section applies where the relevant licensing authority—
a
receives an application, made in accordance with section 84, to vary a club premises certificate, and
b
is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (4) of that section.
2
Subject to subsection (3) and section 86(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 necessary for the promotion of the licensing objectives.
4
The steps are—
a
to modify the conditions of the certificate;
b
to reject the whole or part of the application;
and for this purpose the conditions of the certificate 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 an interested party or responsible authority within the period prescribed under section 71(6)(c) by virtue of section 84(4),
b
that they have not been withdrawn, and
c
in the case of representations made by an interested party (who is not also a responsible authority), that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.