F1C1C2Part 8Premises Licences
Pt. 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)
Pt. 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)
Determination of application
I1I2I3I4162Requirement for hearing
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an interested party or responsible authority has made (and not withdrawn) representations about the application under section 161,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any interested party or responsible authority who has made (and not withdrawn) representations about the application under section 161.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.
Pt. 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