87Application for review of club premises certificateE+W
[F1(1)Where a club holds a club premises certificate, a responsible authority or any other person may apply to the relevant licensing authority for a review of the certificate.]
(2)Subsection (1) is subject to regulations under section 91 (form etc. of applications).
(3)The Secretary of State must by regulations under this section—
(a)require the applicant to give a notice containing details of the application to the club and each responsible authority within such period as may be prescribed;
F2(b)require the authority to advertise the application and invite representations relating to it to be made to the authority;
(c)prescribe the period during which representations may be made by the club, any responsible authority and any [F3other person];
(d)require any notice under paragraph (a) or advertisement under paragraph (b) to specify that period.
(4)The relevant licensing authority may, at any time, reject any ground for review specified in an application under this section if it is satisfied—
(a)that the ground is not relevant to one or more of the licensing objectives, or
(b)in the case of an application made by a person other than a responsible authority, that—
(i)the ground is frivolous or vexatious, or
(ii)the ground is a repetition.
(5)For this purpose a ground for review is a repetition if—
(a)it is identical or substantially similar to—
(i)a ground for review specified in an earlier application for review made in respect of the same club premises certificate and determined under section 88, or
(ii)representations considered by the relevant licensing authority in accordance with section 72, before it determined the application for the club premises certificate under that section, and
(b)a reasonable interval has not elapsed since that earlier application or that grant.
(6)Where the authority rejects a ground for review under subsection (4)(b), it must notify the applicant of its decision and, if the ground was rejected because it was frivolous or vexatious, the authority must notify him of its reasons for making that decision.
(7)The application is to be treated as rejected to the extent that any of the grounds for review are rejected under subsection (4).
Accordingly, the requirements imposed under subsection (3)(a) and (b) and by section 88 (so far as not already met) apply only to so much (if any) of the application as has not been rejected.
Textual Amendments
F1S. 87(1) substituted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 108(2), 157(1) (with s. 108(5)); S.I. 2012/1129, art. 2(d)
F2Words in s. 87(3)(b) inserted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 108(3)(a), 157(1) (with s. 108(5)); S.I. 2012/896, art. 2(d); S.I. 2012/1129, art. 2(d)
F3Words in s. 87(3)(c) substituted (22.3.2012 for specified purposes, 25.4.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 108(3)(b), 157(1) (with s. 108(5)); S.I. 2012/896, art. 2(d); S.I. 2012/1129, art. 2(d)
Commencement Information
I1S. 87(3) in force at 16.12.2003 by S.I. 2003/3222, art. 2, Sch.; s. 87 otherwise in force at 24.11.2005 by S.I. 2005/3056, art. 2 (with Sch.)