Licensing (Scotland) Act 2005

22 Objections and representations S

(1) Where a premises 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 23(5), or

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

(i) in support of the application,

(ii) as to modifications which the person considers should be made to the operating plan accompanying the application, or

(iii) as to conditions which the person considers should be imposed.

[F1 (1A) A person giving a notice under subsection (1) may include in the notice any information that the person considers may be relevant to consideration by the Board of any ground for refusal including, in particular, information in relation to—

(a) the applicant,

(b) where the applicant is neither an individual nor a council, a connected person in relation to the applicant, or

(c) any person who would be an interested party in relation to the subject premises if the application were to be granted.]

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (2A) The [F4 chief constable] may, under subsection (1)(b), make representations concerning a premises licence application by giving to the Licensing Board a report detailing—

(a) any cases of antisocial behaviour indentified by constables as having taken place on, or in the vicinity of, the premises,

(b) any complaints or other representations made to constables concerning antisocial behaviour on, or in the vicinity of, the premises.]

(3) Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any premises 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 [F5 (including any information included under subsection (1A))] in determining the application,

unless the Board rejects the notice under subsection (4).

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

(5) Where a Licensing Board rejects a notice of objection or representation under subsection (4), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.

(6) In any proceedings by a Licensing Board for the recovery of expenses under subsection (5), a copy of any minute of proceedings of the Licensing Board—

(a) recording the Board's rejection of the notice and the grounds for the 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.

Textual Amendments

F1 S. 22(1A) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(2)(a), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

F2 S. 22(2) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 6 para. 4; S.S.I. 2010/413, art. 2, sch.

F3 S. 22(2A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 183(2), 206(1); S.S.I. 2010/413, art. 2, sch.

F4 Words in s. 22(2A) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 29(2), (3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5 Words in s. 22(3)(b) inserted (15.5.2017) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 43(2)(b), 88(2); S.S.I. 2017/119, art. 2, sch. (with arts. 3, 4)

Commencement Information

I1 S. 22 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, sch. 1