Determination of application
When the licensing authority receives an application for a premises licence and is satisfied that the applicant has complied with any requirement imposed.
the authority must grant the licence in accordance with the application subject only to such conditions as are consistent with the operating schedule accompanying the application, and there are no relevant representations.
Where relevant representations are made, the authority must:
- 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
- having regard to the representations, take such of the steps as it considers appropriate for the promotion of the licensing objectives.
During a hearing all parties have an opportunity to put forward their points for consideration by the licensing committee which must then decide whether or not to take any steps necessary to promote the licensing objectives.
The result can be:
- to grant the licence subject to the conditions
- to exclude from the scope of the licence any of the licensable activities to which the application relates;
- to refuse to specify a person in the licence as the premises supervisor;
- to reject the application.
An objection to this decision can be made to the magistrate’s court within 21 days. Each of the parties participating in the session has the right to appeal the decision.
Grant or rejection of application:
Where an application is granted, licensing authority must forthwith
- give a notice to that effect to
- the applicant,
- any person who made relevant representations in respect of the application,
- the chief officer of police, and
- issue the applicant with the licence and a summary of it.
Where an application is rejected, licensing authority must forthwith give a notice to that effect, stating its reasons for the decision to all parties above.
