Who can object

Only certain people or organisations can object. They are:

• any owner or occupier of property in the neighbourhood (or an organisation which in the opinion of the Board represents such people)
• the local Community Council
• an organised (local) church representing a significant body of local opinion
• the Chief Constable
• the Fire Master
• the local authority.

If a Residents' Association wants to object, the organisation as a whole must do so (usually through their Chair or Secretary) and not just an individual member.

Petitions are usually accepted as evidence of general opposition to an application. If you are submitting a petition, you must send the original to the Licensing Board and a copy to the applicant.

Grounds for objecting to the grant of a licence or renewal of a licence

Objections to an application for the grant of a new licence or for the renewal of an existing licence must be based on one of the following four grounds, as set out in section 17 of the Licensing (Scotland) Act 1976:

• the applicant is not a fit and proper person to hold a licence (Section 17 (1)(a)); or
• the premises are not suitable for the sale of alcohol because of their location, character, condition, proposed use or the people likely to go there (Section 17 (1)(b)); or
• the sale of alcohol is likely to cause undue public nuisance or a threat to public order and safety (Section 17 (1)(c)); or
• there are enough licensed premises in the area already (Section 17 (1)(d)).

The objector must do more than simply quote the relevant part of Section 17. The letter of objection must state why one or more of these grounds, on which the Licensing Board can refuse an application, applies.

For example, if the objector wants to say that there is already too much late noise and disturbance, she/he should give examples of times when she/he has been disturbed, or if she/he wants to claim that there are already enough licensed premises in the neighbourhood, she/he should include a note of the nearby licensed premises.

If an application for a new licence is refused the applicant cannot re-apply for two years, unless the Licensing Board makes a specific decision permitting re-application within the two year period.

Remember to sign your letter of objection and give your address – anonymous letters cannot be considered.

Grounds for objecting to regular extensions of opening hours

Before granting a licence for the regular extension of opening hours, the Licensing Board must be satisfied that there is a need for the extension and that granting the extension will be of such benefit to the community as a whole as to outweigh any detriment to the locality.

If a client wants to object to an extension of opening hours she/he could say that:

• it is likely to cause undue public nuisance or be a threat to public order or safety (Section 64 (8)); or
• the social circumstances of the area do not justify extra opening hours; or
• there are no activities in the area at the time; or
• there is no need for the extension; or
• the disturbance it will cause will outweigh the benefit to the community.

It is important to give specific examples of previous problems or problems expected in the future.

Where an application is refused the applicant cannot re-apply for an extension of opening hours within one year, unless the Licensing Board directs otherwise. This means that local residents are not faced with having to consider whether to object more than once a year.