Falkirk Council

Any person may make an Objection to an application for a Premises Licence| or Provisional Premises Licence|, provided that the objection is made on grounds relative to the statutory grounds for refusal of a licence as specified in section 23| of the Act. Objections require to be made by the due date in the form of a written notice and may be submitted by mail, email or fax to:

The Clerk to the Board
c/o Licensing Section
Abbotsford House
David's Loan
Bainsford
FK2 7YZ

Fax:    01324  504852
Email: licensing@falkirk.gov.uk|

Similarly, any person may make Representations in support of an application, regarding modifications to the operating plan for the premises or on conditions to be attached to the licence.

Persons wishing to make Objections/Representations might wish to consider doing so by using one of the forms prepared by the Board for this purpose and which can be accessed by following the links below:

• Objection form (PDF, 19KB)
• Representation form (PDF, 17KB)

The Licensing Board is responsible for providing copies of Objections and Representations to applicants and is required to have regard to the terms of these in determining the application concerned.

On receipt of an Objection or Representation the Licensing Board will hold a Hearing.

Applications may be submitted for the variation of a premises licence – in these circumstances the Licensing Board will notify all the parties previously referred to and the procedure for making Objections/Representations will be as described above.

The following extracts of the Act are provided for the assistance of persons wishing to make objections or representations.

Edited Extract of Section 22 – Objections and Representations

1. Where a premises licence application is made to a Licensing Board, any person may, by notice to the Licensing Board –
   1. object to the application on any ground relevant to one of the grounds for refusal specified in Section 23(5), or
   2. make representations to the Board concerning the application, including, in particular, representations -
      1. in support of the application,
      2. as to modifications which the person considers should be made to the operating plan accompanying the application, or
      3. as to conditions which the person considers should be imposed should the application be granted.
2. (Sub-section removed)
3. Where a Licensing Board receives a notice of objection or representation under subsection (1) relating to any premises licence application made to the Board, the Board must -
   1. give a copy of the notice to the applicant in such manner and by such time as may be prescribed, and
   2. have regard to the objection or representation in determining the application.

unless the Board rejects the notice under subsection (4).

4. A Licensing Board may reject a notice of objection or representation received by the Board under subsection (1) if the Board considers the objection or representation is frivolous or vexatious.
5. Where a Licensing Board rejects a notice of objection or representation under subsection (4), the Board may recover from the person who gave the notice any expenses incurred by the Board in considering the notice.
6. In any proceedings by a Licensing Board for the recovery of expenses under subsection (5), a copy of any minute of proceedings of the Licensing Board -
   1. recording the Board's rejection of the notice and the grounds for the rejection, and
   2. certified by the Clerk of the Board to be a true copy

is sufficient evidence of the rejection and of the establishment of the ground for rejection.

Section 23 – Determination of premises licence application

5. The grounds for refusal are -
6. 1. that the subject premises are excluded premises,
   2. that the application must be refused under section 25(2), 64(2) or 65(3),
   3. that the Licensing Board considers that the granting of the application would be inconsistent with one or more of the licensing objectives,
   4. that, having regard to -
   5. 1. the nature of the activities proposed to be carried on in the subject premises,
      2. the location, character and condition of the premises, and
      3. the persons likely to frequent the premise
      4. 
         the Board considers that the premises are unsuitable for use for the sale of alcohol,
         
         
   6. that, having regard to the number and capacity of -
   7. 1. licensed premises, or
      2. licensed premises of the same or similar description as the subject premises,
      3. 
         in the locality in which the subject premises are situated, the Board considers that, if the application were to be granted, there would, as a result, be overprovision of licensed premises, or licensed premises of that description, in the locality.

Section 25 – Further application after refusal of premises licence application

Section 64 – 24 hour licences to be granted only in exceptional circumstances

Section 65 – Licensed hours: off sales