Part 8Premises Licences

Determination of application

162Requirement 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an interested party or responsible authority has made (and not withdrawn) representations about the application under section 161,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any interested party or responsible authority who has made (and not withdrawn) representations about the application under section 161.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.