Making an Objection or Representation to an application for a licence issued under the Civic Government (Scotland) Act 1982

What Licences are issued under the Civic Government (Scotland) Act 1982?

The following Licences are issued under the Civic Government (Scotland) Act 1982:-

• Taxi and Taxi Driver
• Private Hire Car and Driver
• Taxi and Private Hire Car Booking Offices (P)
• Late Hours Catering (P)
• Second Hand Dealer (P)
• Metal Dealer (P) and Itinerant Metal Dealer
• Street Trader
• Window Cleaner
• Market Operator (P)
• Public Entertainment (P)
• Indoor Sports Entertainment (P)
• Skin Piercing and Tattoo (P)
• Sex Shops (P)
• Knife Dealer (P)

Licence types marked (P) relate to licences where the licensable activity consists of or includes the use of premises. The term premises includes vehicles, vessels and public places such as parks.

When can I make an Objection or Representation?

A 28 day consultation period begins from the date an application for grant or renewal of a Licence is lodged with the Council. During the consultation period anyone can make an objection or representation for or against the application.

Where an application for grant or renewal relates to premises, a public notice will be displayed by the applicant at the premises on the day the application is lodged providing details of the application and the last date for making any objection or representation.

What information should an Objection or Representation against an application contain?

In determining an application, the Council's Licensing and Regulatory Committee must grant the application unless one or more of the following relevant grounds for refusal apply:-

The Council considers that the applicant or anyone else detailed on the application is not a fit and proper person.

The activity to which licence relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused such a licence if they made the application.

Where the licence relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to:

• the location, character or condition of the premises, vehicle or vessel;
• the nature and extent of the proposed activity;
• the kind of persons likely to be in the premises, vehicle or vessel;
• the possibility of undue public nuisance, public order or public safety; or
• there is other good reason for refusing the application

The terms of your objection or representation should be relevant to the matters the Council can take into consideration. Frivolous or vexatious objections and 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 in support of 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 Council 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 objection or representation is received after the consultation period it will be treated as "late". This means that it may still be taken into account but you will have to explain the reason why the objection or representation was not submitted in time.

It will be for the Council's Licensing and Regulatory Committee to determine whether they are satisfied that there was good reason why your comments were submitted late.

How do I submit my Objection or Representation?

Your objection or representation must:-

• be in writing;
• be signed by you and set out your name and address;
• clearly specify the nature of the 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:-

Alternatively, you can email your objection or representation to licensingenquiries@glasgow.gov.uk.

Your objection or representation cannot be treated confidentially. A copy will be provided to the applicant; it will include your name and address but other personal information such as your phone number or email address will be removed.

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 and Regulatory Committee we will send you a citation letter inviting you to attend the meeting to speak to your representation. You will receive this letter at least 14 days prior to the hearing.

At the hearing you will be provided with an opportunity to speak to your representation and the applicant will be provided with an opportunity to respond. You are only able to speak to matters referred to in your written representation.

Your citation letter will provide further information on the arrangements for the Committee meeting.

You do not require to attend the hearing but it does provide an opportunity for you to address the Committee if they have any queries regarding your representation.

If you are unable to attend the Committee meeting you can give written consent for someone else to attend and speak on your behalf. Your citation letter will provide details on how to provide consent.

Can I make an objection or representation to an application for a temporary Licence?

The terms of the Civic Government (Scotland) Act 1982 do not allow any person to make an objection or representation to an application for a temporary Licence. 

When an application for temporary Licence relates to premises, the Licensing Authority will seek comments for Local Councillors and the Community Council.  If you have concerns regarding an application for Temporary Licence, you may wish to contact either your Local Councillors or Community Council.