11 December 2018
The Licensing (Scotland) Act 2005 sets out that where a premises licence application is made to a Licensing Board, any person may, by notice to the Licensing Board, object to the application on any ground relevant to one of the grounds for refusal specified in Section 23(5), or make representations to the Board concerning the application, including, in particular, representations:
in support of the application
as to modifications which the person considers should be made to the operating plan accompanying the application
as to conditions which the person considers should be imposed
On receipt of a notice of objection or representation, the Board must give a copy of the notice to the applicant and will have regard to the objection or representation in determining the application.
A Licensing Board may reject a notice of objection or representation if the Board considers the objection or representation to be frivolous or vexatious.
Where the Board rejects such a notice, they may recover from the person who gave the notice any expenses incurred by them in considering the notice.
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