Textual Amendments
F1Pt. 8 amendment to earlier affecting provision SI 2006/3272 Sch. 4 para. 54-66 (29.4.2007) by Gambling Act 2005 (Commencement and Transitional Provisions) (Amendment) Order 2007 (S.I. 2007/1157), arts. 1(1), 11
Modifications etc. (not altering text)
C1Pt. 8 modified (1.1.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272), art. 1(1), Sch. 4 paras. 54-66 (as amended (16.8.2007) by S.I. 2007/2169, art. 11)
C2Pt. 8 modified by SI 2006/3272 art. 8(1)(3) (as inserted (16.8.2007) by The Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) (Amendment) (No. 2) Order 2007 (S.I. 2007/2169), arts. 1(1), 5)
(1)In determining an application for a premises licence a licensing authority must hold a hearing if—
(a)an interested party or responsible authority has made (and not withdrawn) representations about the application under section 161,
(b)the authority propose to attach a condition to the licence under section 169(1)(a), or
(c)the authority propose to exclude under section 169(1)(b) a condition that would otherwise be attached to the licence under section 168.
(2)But a licensing authority may determine an application for a premises licence without a hearing despite subsection (1) with the consent of—
(a)the applicant, and
(b)any interested party or responsible authority who has made (and not withdrawn) representations about the application under section 161.
(3)A licensing authority may also determine an application for a premises licence without a hearing despite subsection (1)(a) if the authority think that the representations made under section 161—
(a)are vexatious,
(b)are frivolous, or
(c)will certainly not influence the authority's determination of the application.
(4)If a licensing authority propose to determine an application in reliance on subsection (3) they shall as soon as is reasonably practicable notify any person who made representations under section 161.
Commencement Information
I1S. 162 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(2)(3), Sch. 2, Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)
I2S. 162 in force at 21.5.2007 for specified purposes by S.I. 2006/3272, art. 2(3), Sch. 3 (with arts. 7-11, 7-12, Sch. 4) (as amended by SI 2007/1157, art. 3(3), 4(2))
I3S. 162 in force at 1.9.2007 for specified purposes by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)
I4S. 162 in force at 20.5.2008 for specified purposes by S.I. 2008/1326, art. 2, Sch.