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Licensing (Scotland) Act 2005
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Licensing (Scotland) Act 2005, Section 58 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 58:
- specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 33(1)(1A) substituted for s. 33(1)-(3) by 2015 asp 10 s. 49(2)(a)
- s. 33(8)(za) inserted by 2015 asp 10 s. 49(2)(c)
- s. 33(8A) inserted by 2015 asp 10 s. 49(2)(d)
- s. 33A inserted by 2015 asp 10 s. 49(4)
- s. 134ZA-134ZC inserted by 2015 asp 10 s. 61(2)
58Objections and representationsS
This section has no associated Explanatory Notes
(1)Where an occasional 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 59(6), or
(b)make representations to the Board concerning the application, including, in particular, representations—
(i)in support of the application, or
(ii)as to conditions which the person considers should be imposed.
(2)Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any occasional 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 in determining the application,
unless the Board rejects the notice under subsection (3).
(3)A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the objection or representation is frivolous or vexatious.
(4)Where a Licensing Board rejects a notice of objection or representation under subsection (3), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.
(5)In any proceedings by a Licensing Board for the recovery of expenses under subsection (4), a copy of any minute of proceedings of the Licensing Board—
(a)recording the Board's rejection of the notice and the grounds for 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.
Commencement Information
I1S. 58 in force at 1.2.2008 by S.S.I. 2007/472, art. 2, Sch. 1
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