Community Councils

South Ayrshire Community Council Scheme and Handbook

LICENSING APPLICATIONS

G1	-	Introduction
G2	-	Community Safety Committee (Civic Government (Scotland) Act 1982).
G3	-	At the Hearing
G4	-	Decision
G5	-	Licensing (Scotland) Act 1976. Betting and Gambling and Lotteries Act 1963 and Gaming Act 1968
G6	-	How to object
G7	-	At the meeting
G8	-	Decision

G1 Introduction

G1.1 South Ayrshire Council does not directly notify Community Councils of individual licensing applications made within its area. However, applications for new licences and regular extensions of permitted hours submitted quarterly to the Licensing Board are notified. Some licensing applications are publicised by public notice, normally by newspaper advertisement, and by notice at the site. It is the responsibility of individual members of the public to observe these notices, and raise an objection.

G1.2 It is likely that the timescale available for each Community Council to consider any application will be short. Each Community Council may therefore wish to appoint a sub-committee to have responsibility for considering and commenting on licensing matters on its behalf.

G1.3 The sub-committee must have at least three members, and have clearly defined terms of reference and delegated powers. These details must be specified in either the Community Council's constitution, or in the minutes of one of its meetings. It is the responsibility of the sub-committee to ensure that all its decisions and actions are subsequently reported to, and approved by, the Community Council.

G2 Community Safety Committee (Civic Government (Scotland Act) 1982)

G2.1 The Licensing Committee deals with licence applications for

Taxis and Private Hire Cars
Late Hours Catering
Public Entertainment
Street Traders
Amusement with Prizes Machines
Houses in Multiple Occupancy
Second Hand/Metal Dealers
Itinerant Metal Dealers
Theatres
Cinemas.

(the above list is not exhaustive but covers the main licence applications made).

No list of competent objectors is given in the 1982 Act and no special status is given within the Act to Community Councils.

G2.2 Schedule 1 of the Civic Government (Scotland) Act 1982 lays out the procedure which requires to be followed in relation to any objection or representation relating to an application for the grant or renewal of a licence in terms of that Act.

In this context the Community Safety Committee is the Licensing Authority as it deals with applications under the Civic Government (Scotland) Act. The Licensing Board has responsibility for liquor licensing applications in terms of the Licensing (Scotland) Act 1976.

G2.3 The Community Safety Committee will only entertain objections or representations if they:-

are in writing;

specify the ground of the objection;

specify the name and address of the person making the objection or representation;

are signed by him/her or on his/her behalf;

are made within 21 days of either the first date when public notice of an application was given or the date on which a further public notice is required to be displayed or the date on which the application was made whichever is the latest; and

G2.4 Late objections or representations will only be considered if the Licensing Authority is satisfied that there is sufficient reason why they were not made on time.

G2.5 An objection or representation may be made by personal delivery or by ordinary or registered or Recorded Delivery post so that in the normal course of post it might be expected to be delivered on time. The Licensing Authority is required to send a copy of any relevant objection or representation to the applicant to whose application it relates.

G2.6 In terms of Paragraph 4 of Schedule 1 to the 1982 Act the Licensing Authority may, before reaching a final decision upon an application, give the applicant and any person who was made a relevant objection or representation in relation to the application, an opportunity to be heard. If the Licensing Authority does give the objector or the applicant the opportunity to be heard the parties must be given not less than 7 days notice of the hearing. This notice will be given in writing. However, the Authority is not obliged to give applicant or objector a right to be heard in respect of an application.

G2.7 If a relevant objection or representation is made and no hearing is to be given to the applicant he/she must be given the opportunity to give his/her views in writing on the objection or representation within a period of not less than 7 days.

G2.8 Paragraph 5 of Schedule 1 to the 1982 Act stipulates that where an application for the grant or renewal of a licence has been made to a Licensing Authority it shall (a) grant or renew the licence unconditionally; (b) grant or renew the licence subject to conditions or (c) refuse to grant or renew the licence.

G2.9 Conditions to which the licence may be subject must be reasonable and may include restricting the validity of the licence to an area specified in the licence and where the licence is intended to replace an existing licence, may include a condition requiring the holder of the existing licence to surrender it.

G2.10 An authority should not refuse an application if it is of the view that its concerns could be met by granting the licence subject to appropriate conditions.

G2.11 The Licensing Authority must refuse an application to grant or renew a licence if, in its opinion one of several grounds of refusal have been established but otherwise must grant the application. The statutory grounds for refusal are:

G2.11.1 that the applicant (or Director or partner or other person responsible for its management) has been disqualified from holding a licence or is not a fit and proper person to be the holder of the licence;

G2.11.2 the activity to which the licence relates would be managed by or carried on for the benefit of the person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application himself;

G2.11.3 if the licence applied for relates to an activity consisting of or including the use of premises or a vehicle or vessel which are not/is not suitable or convenient for the conduct of the activity having regard to; the location, character or condition or the premises or the character or condition of the vehicle or vessel; the nature and extent of the proposed activity; the kind of persons likely to be in the premises or vessel; the possibility of undue public nuisance; or public order or public safety or other good reason for refusing the application.

Notification of the authority's decision must be made within 7 days of the decision.

G3 At the Hearing

G3.1 The Act does not prescribe in detail the conduct of the hearing at which a Licensing Authority considers an application. However, it is the usual practice in South Ayrshire for the Convener to call out the type of application being applied for together with the name of the applicant and for the applicant and/or his/her agent to come forward and identify themselves. The name of any objector will be called and the objector asked to identify him/herself. The objector is normally then asked to state the nature of the objection. This statement should be confined to speaking to the reasons for the objection as outlined in the written objection sent to the Licensing Authority. No new or additional grounds for objecting may normally be raised at this stage since, clearly, the applicant will have had no advance notice of these as the Act requires. Once the objector has spoken to his/her objection, the applicant will be given the opportunity to reply.

G3.2 Following this the objector and applicant in turn may be given further opportunity to make representation to the hearing but this will be at the discretion of the Committee.

G4 Decision

G4.1 The legislation only requires the Licensing Authority to intimate its decision within 7 days of it being made. However, it is now the practice for the Committee to announce its decision in public on the day on which it is made. At that stage no further decision relating to the applications in question will be permitted, nor will reasons for the decisions be given. A statement of reasons for the decision may be requested and such a request should be made in writing and must be made within 28 days of the decision.

G4.2 Written objections and requests for statements of reasons should be sent to

Licensing Services
Development, Safety and Regulation
Burns House
Burns Statue Square
Ayr KA7 1UT

Should you require further information on the above, please write to the above address.

G5 Licensing (Scotland) Act 1976, Betting and Gaming and Lotteries Act 1963, and Gaming Act 1968

The Licensing Board deals with liquor licensing, betting offices and bingo halls. There is a recognised list of competent objectors:-

persons owning or occupying property situated in the neighbourhood of the premises to which the application relates or an organisation which, in the opinion of the Board, represents such persons;

Community Council for the area in which the premises are situated;

organised church representing a significant body of opinion amongst persons resident in the neighbourhood of the premises;

Chief Constable;

Fire Authority for the area in which the premises are situated;

Local Authority for area in which the premises are situated.

G6 How to Object

G6.1 In writing not later than 7 days before meeting. The date for certain applications will be given on notice at premises and in newspaper advert.

G6.2 The objection must be lodged with the Licensing Section and an identical copy lodged with the applicant or his/her agent.

G6.3 The objector must send a copy of the objection by registered post, recorded delivery or hand delivery.

G6.4 The objector must list grounds of objection; eg for liquor licensing

applicant is not fit and proper person to be holder of a licence;

premises are not suitable or convenient for sale of alcoholic liquor. Location, character, and condition, taking into account the nature and extent of the proposed use and the persons likely to use the premises;

use of the premises for the sale of alcoholic liquor is likely to cause undue public nuisance or threat to public order and safety; and/or

grant of the application would result in over provision of licensed premises in the locality.

G6.5 The written objection must also specify reasons in support of the identified ground for refusal. Objection must give name and address of the person making the objection and be signed by them or on their behalf.

G6.6 The Licensing Board will consider all competent objections whether or not the objector appears at the meeting.

G6.7 All objectors will be invited to attend the meeting and will receive a letter giving details of the time and place and application number.

G7 At the Meeting

G7.1 The application number will be called out.

G7.2 The applicant and/or their agent will come to the microphone at the front of the hall.

G7.3 The Clerk will read out a list of objectors and invite any of those objectors who are present and wish to address the Board to come forward and identify themselves.

G7.4 A decision has to be made by the Board as to whether the objection is competent, both in terms of service and content.

G7.5 The applicant/agent will address the Board on the merits of the application.

G7.6 The objector will then outline his/her reasons for objections. No new issues can generally be raised, the objector must cover the grounds listed in the written objection.

G7.7 The applicant will be given another opportunity to address the Board.

G7.8 Questions can be asked by the Board members to both the applicant and the objector.

G8 Decision

After considering all representations the Board will adjourn to consider these submissions. The Board will then return and announce the decision.

A statement of reasons can be requested by the applicant or objector at the meeting or in writing within 48 hours of the decision. (see paragraph G4.2 for address).