Make an Objection or Representation
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Making an Objection or Representation to a new Premises Licence or the Major Variation of an existing Licence.
When can I make an objection or Representation?
Every application for a:-
- Premises Licence;
- Provisional Premises Licence; or
- Major Variation of a Premises Licence
made to the Licensing Board is subject to a 28 day consultation period.
During the consultation period anyone can make an objection or representation for or against the application.
A public notice will be displayed at the premises by the applicant during the first 21 days of the consultation period providing details of the application and the last date for making an objection or representation.
What information should an objection or representation against an application contain?
In determining an application, the Licensing Board must grant the application unless one or more of the following relevant grounds for refusal apply:-
The premises are excluded premises (essentially they are a garage shop which is not the principal source, in the community, for groceries and/or petrol or derv).
The Board has already refused a Premises Licence application for the premises within the last twelve months and it has not given a direction to the applicant allowing a further application to be lodged within the year.
The applicant is seeking 24 hour licensing and the Board is not satisfied that there are exceptional circumstances to justify these hours.
The applicant is seeking off sales hours before 10am or after 10pm.
Granting of the application would be inconsistent with one or more of the following licensing objectives:-
- preventing crime and disorder;
- securing public safety;
- preventing public nuisance;
- protecting and improving public health; and
- protecting children from harm.
The Board considers the premises are unsuitable for use for the sale of alcohol having regard to:-
- the nature of the activities proposed to be carried on in the subject premises;
- the location, character and condition of the premises; and
- the persons likely to frequent the premises.
The Board, having regard to the number and capacity of:-
- licensed premises; or
- licensed premises of the same or similar description as the subject premises
in the locality in which the subject premises are situated considers that, if the application were to be granted, there would, as a result, be over provision of licensed premises, or licensed premises of that description, in the locality.
Frivolous or vexatious objections or representations will not be considered.
If you are of the view that the application could be granted if the applicant agreed to specific conditions or modified their application you may wish to set that out in your objection or representation.
What information should a representation supporting an application contain?
If you are submitting a representation in support of an application you should consider setting out the reasons why you are in favour of the application being granted.
What is the deadline for submitting an objection or representation?
Your objection or representation should be received by the Board on or before the last day of the 28 day consultation period to ensure that it is taken into account when determining the application.
If your comments are received after the consultation period they will be treated as "late". This means that they may still be taken into account but you will have to explain the reason why the comments were not submitted in time.
It will be for the Board to determine whether they are satisfied that there was good reason why your comments were submitted late.
During the first 21 days of the consultation period, the Licensing Board advertises details of an application; this includes the last date for objections and representations.
How do I submit my objection or representation?
Your objection or representation must:-
- set out your name and contact details;
- clearly specify the nature of the objection or representation; and
- state the address of the premises or reference number for the application.
Anonymous objections or representations will not be considered.
Your objection or representation can be posted or hand delivered to:
The Clerk
City of Glasgow Licensing Board
City Chambers
George Square
Glasgow G2 1DU
Alternatively, you can email your objection or representation
What happens if I make an objection or representation?
We will send you an acknowledgement letter confirming receipt and a copy will be sent to the applicant and their agent.
Once the application has been allocated to a meeting of the Licensing Board we will send you a citation letter inviting you to attend the meeting to speak to your objection or representation. We will send this letter at least 14 days prior to the hearing.
At the hearing you will be provided with an opportunity to speak to your comments and the applicant will be provided with an opportunity to respond. You are only able to speak to matters referred to in your written objection or representation.
Your citation letter will provide further information on the arrangements for the Board meeting.
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