Sections 162 to 165: Determination of application
433.These sections set out the procedure for determining an application. The procedures vary, depending on whether representations have been made, and what the licensing authority proposes to do with regard to licence conditions.
434.Where representations have been made by a responsible authority or an interested party (and not been withdrawn); or the licensing authority proposes to impose conditions on the licence, or exclude default conditions, a licensing authority is required to hold a hearing. The licensing authority may determine the application without a hearing, however, if either the applicant or any interested party has consented; or if the licensing authority considers that the representations made are vexatious, frivolous, or concern matters that will not influence their decision. Where the authority proposes to determine an application without a hearing, it must notify any person who made a representation as soon as reasonably practicable.
435.Following the grant or rejection of a premises licence, the authority must notify the applicant, the Commission, any person who made representations, the police, and HM Customs and Excise of their decision as soon as reasonably practicable.
436.Where the licensing authority determines to grant the licence, they must give reasons for the attachment or exclusion of any conditions. The premises licence issued by the licensing authority must be accompanied by a summary of the terms and conditions attaching to it. Where the licence is refused, the licensing authority must give reasons for their decision.
437.Sections 206 to 209 set out the appeal rights in relation to a decision of a licensing authority to grant or reject an application for a premises licence. Where the licensing authority rejects an application for a licence, the applicant may appeal. Where the licensing authority grants an application, a person who made representations may appeal.