Gambling Act 2005 Explanatory Notes

Sections 198 & 199: Consideration of application

508.Section 198 specifies the grounds on which a licensing authority may reject an application for a review made by a responsible authority or an interested party. They include that the application is frivolous or vexatious, or that it does not raise any new grounds to those previously raised during the original consideration of the grant of relevant premises licence, or on a previous application for review of that licence. An application for review can also be rejected because it does not raise any issue which is relevant to the principles which the authority is required to consider in granting a premises licence application.

509.In determining whether to reject an application for a review, the licensing authority must consider the length of time that has elapsed since the last review and/or the grant of the relevant premises licence.

510.If the licensing authority thinks that some of the grounds on which an application for a review may be rejected apply, they may reject the relevant parts of the application for the review. To the extent that a licensing authority does not reject an application for review, they must, under section 199, accept it.

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