DUMFRIES AND GALLOWAY LICENSING BOARDS
LICENSING (SCOTLAND) ACT 2005
OBJECTION OR REPRESENTATION IN RELATION TO A PREMISES LICENCE APPLICATION
1.
Details of Objector/Person making representation:
Name of Objector/Person making
representation:
Address of Objector/Person
making representation:
Postcode:
2.
Details of Premises Licence Application:
Name and Address of Premises:
Name and Address of Applicant/
Agent:
3.
Objections and Representations under the Licensing (Scotland) Act 2005
3.1 Section 22 of the Licensing (Scotland Act) 2005 provides that any person may by notice to the
Board

Object to an application for a premises licence on any ground relevant to one of the grounds of
refusal specified in Section 23(3) of the Licensing (Scotland) Act 2005. (These grounds for
refusal are set out in Appendix I to this form) or

Make representations concerning the application. These representations may be
 Representations in support of the application or
 Representations setting out modifications which the person making the representations
considers should be made to the operating plan, (the operating plan is available for inspection
at the local Licensing Board office (see below)) or
 Representations as to conditions which the person making the representations considers
should be attached to the licence (perhaps to address concerns which that person has).
3.2
Having considered the previous paragraph (3.1) I confirm that I am giving the Board notice of:-

An objection to this application for a premises licence (now complete Section 4), or

A representation in support of the application for a premises licence (now complete
Section 5), or

A representation concerning the application for a premises licence setting out
modifications which I consider should be made to the operating plan accompanying the
application (now complete Section 6)

A representation concerning this application for a premises licence setting out
conditions which I consider should be attached to any premises licence granted by the
Board (now complete Section 7)
Please tick the box which corresponds to your intention in respect of this application for a
premises Licence.
Please only complete either, Section 4, Section 5, Section 6 or Section 7 to reflect your intention
regarding this application for a premises licence.
4.
Objection
4.1 I am aware that my objection must be on any ground relevant to one of the grounds for refusal
specified in Section 23(5) of the Licensing (Scotland) Act 2005. I have read through the grounds for
refusal which are set out in Appendix I of this notice.
4.2 The grounds of my objection are as follows:(please continue on a separate sheet if necessary)
5.
Representation in support of the application
I wish to make the following representation in support of the application. This application for a premises
licence should be granted by the Board for the following reason(s):(please continue on a separate sheet if necessary)
6.
Representation seeking modification of the operating plan
6.1 I have inspected the operating plan which accompanies this application for a premises licence. I
have the following concerns relating to this operating plan
6.2 These concerns would be resolved by the following modification(s) to the operating plan. I would
ask the Board to make these modifications to the operating plan before granting a premises licence.
7.
Representation seeking additional conditions
7.1 I have read through the mandatory conditions for premises licences which have been agreed by
The Scottish Parliament and are set out in Appendix II to this notice. I appreciate that the Board cannot
impose a condition which is inconsistent with any of these mandatory conditions, would have the effect
of making any mandatory condition more onerous or more restrictive or, relates to a matter which is
regulated by another enactment.
7.2 I have the following concerns regarding this application for a premises licence
7.3 These concerns could be resolved by the Board attaching the following conditions. I would ask
the Board to attach these conditions to any premises licence granted for these premises.
8.
Frivolous or Vexatious Objections and Representations
I am aware, that if the Board consider an objection or representation to be frivolous or vexatious the
Board:
May reject that notice of objection or representation

In that event, may recover from the person who gave the notice all or any expenses incurred by
the Board in considering the notice
9.
Attendance at the Hearing
I confirm that:
I wish the opportunity to attend the Board’s hearing to determine this application and
address the Board members on the terms of this notice

I do not wish the opportunity to attend or address the Board’s hearing to determine this
application
Please tick the box which reflects your intention
10.
Publicity
I understand that the hearing relating to the application for a premises Licence will be held in public and
that copies of this notice may be appended to or summarised within the report prepared for the hearing
and that this report will be issued to members of the Board, the media and will be available to members
of the public.
Signature:
Date:
This objection/representation must be lodged with appropriate Licensing Board within the time
stated on the relevant notices:

Nithsdale Divisional Licensing Board
Dumfries and Galloway Council
Municipal Chambers
Buccleuch Street
Dumfries, DG1 2AD

Tel: 01387 245951
Fax: 01387 252978

Stewartry Divisional Licensing Board
Dumfries and Galloway Council
Council Offices
Sun Street
Stranraer, DG9 7JJ
Tel: 01776 702151
Fax: 01776 704819
Annandale & Eskdale Divisional
Licensing Board
Dumfries and Galloway Council
Council Offices
High Street
Annan, DG12 6AQ
Tel: 01461 207013
Fax: 01461 207029

Wigtown Divisional Licensing Board
Dumfries and Galloway Council
Council Offices
Sun Street
Stranraer, DG9 7JJ
Tel: 01776 702151
Fax: 01776 704819
Appendix I
GROUNDS FOR REFUSAL

The subject premises are excluded premises.

The application must be refused under

Section 25(2) (where the Board has refused a premises licence application and this
is a subsequent application received within 12 months of the refusal)

Section 64(2) (where the application is for 24 hour operation and exceptional
circumstances have not been shown to justify that operation)

Section 65(3) (the application relates to off sales outwith 10am to 10pm).

The Licensing Board considers that the granting of the application would be inconsistent
with one or more of the licensing objectives which are:




preventing crime and disorder
securing public safety
preventing public nuisance
protecting and improving public health
protecting children from harm

That having regard to:a)
the nature of the activities proposed to be carried on in the premises
b)
the location, character and condition of the premises; and
c)
the persons likely to frequent the premises the Board considers that the premises are
unsuitable for use for the sale of alcohol

Having regard to the number and capacity of:(a) Licensed premises, or
(b) Licensed premises of the same or similar description as the subject premises
In the locality the Board considers that if granted there would, as a result, be overprovision of licensed
premises, or licensed premises of that description in the locality.
The finding of this ground for refusal by the Board is restricted for like-for-like transitional applications
for a premises licence by Article 17(4) of the Licensing (Transitional and Saving Provisions) (Scotland)
Order 2007 which states:“Where the application is not a provisional premises licence application and the Board is minded to
refuse only [on this ground] but would not be so minded if certain modifications were made to the
character and condition of the premises, the Board is to grant the application”. After 12 months there
would be a hearing to review the position. At that time if the modifications had not been made the
Board could revoke the licence or continue for a further hearing in 12 months time.
Appendix II
PREMISES LICENCE – MANDATORY CONDITIONS FOR ALL PREMISES
1.
In this schedule, “the premises” means, in relation to any premises licence, the premises
specified in the licence.
2.
(1)
(2)
Alcohol is to be sold on the premises only in accordance with the operating plan
contained in the licence.
Nothing in sub-paragraph (1) is to be read as preventing or restricting the doing of
anything referred to in section 63(2).
3.
Any other activity to be carried on in the premises is to be carried on only in accordance with the
operating plan contained in the licence.
4.
(1)
Alcohol is not to be sold on the premises at any time when:-
(a)
(b)
(c)
(d)
there is no premises manager in respect of the premises
the premises manager does not hold a personal licence
the personal licence held by the premises manager is suspended
the licensing qualification held by the premises manager is not the appropriate licensing
qualification in relation to the premises
(2)
In sub-paragraph (1) “appropriate licensing qualification” in relation to any licensed
premises means any licensing qualification prescribed as such in relation to licensed
premises of that description in regulations under section 91(2)(d).
(3)
Nothing in sub-paragraph (1) or paragraph 5 is to be read as requiring the premises
manager to be present on the premises at the time any sale of alcohol is made.
5.
6.
Every sale of alcohol made on the premises must be authorised (whether generally or
specifically) by:(a)
(b)
the premises manager, or
another person who holds a personal licence
(1)
No person (other than a person who holds a personal licence) is to work in the premises
in the capacity mentioned in sub-paragraph (2) unless that person has complied with
such requirements as to the training of staff as may be prescribed for the purposes of
this paragraph.
(2)
That is a capacity (whether paid or unpaid) which involves the person:-
(a)
(b)
making sales of alcohol, or
where alcohol is sold on the premises for consumption on the premises, serving such
alcohol to any person
(2A)
At any time when a person (other than a person who holds a personal licence) is
working in the premises in a capacity mentioned in sub-paragraph (2), there must be
kept on the premises a training record which relates to that person and is in the form set
out in the Schedule to the Licensing (Mandatory Conditions No 2) (Scotland)
Regulations 2007.
(2B)
A record kept on the premises under sub-paragraph (2A) must be produced to a
Licensing Standards Officer on request.
(3)
Regulations under sub-paragraph (1) prescribing training requirements may, in
particular:-
(a)
provide for the accreditation by the Scottish Ministers of:(i)
courses of training, and
(ii)
persons providing such courses
For the purposes of the regulations,
(b)
(c)
(d)
7.
Where the price at which any alcohol sold on the premises is varied:(a)
(b)
8.
Prescribe different training requirements in relation to different descriptions of persons
Require that any person providing training or any particular description of training in
accordance with the regulations hold a personal licence or such other qualification as
may be prescribed in the regulations, and
Require training to be undergone again at such intervals as may be prescribed in the
regulations.
the variation (referred to in this paragraph as “the earlier price variation”) may be
brought into effect only at the beginning of a period of licensed hours, and
no further variation of the price at which that or any other alcohol is sold on the premises
may be brought into effect before the expiry of the period of 72 hours beginning with the
coming into effect of the earlier price variation.
(1)
An irresponsible drinks promotion must not be carried on in or in connection with the
premises.
(2)
Subject to sub-paragraph (3), a drinks promotion is irresponsible if it:-
(a)
relates specifically to an alcoholic drink likely to appeal largely to persons under the age
of 18,
Involves the supply of an alcoholic drink free of charge or at a reduced price on the
purchase of one or more drinks (whether or not alcoholic drinks),
Involves the supply free of charge or at a reduced price of one or more extra measures
of an alcoholic drink on the purchase of one or more measures of the drink,
Involves the supply of unlimited amounts of alcohol for a fixed charge (including any
charge for entry to the premises),
Encourages, or seeks to encourage, a person to buy or consume a larger measure of
alcohol than the person had otherwise intended to buy or consume,
Is based on the strength of any alcohol,
Rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or
Offers alcohol as a reward or prize, unless the alcohol is in a sealed container and
consumed off the premises.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(3)
Paragraphs (b) to (d) of sub-paragraph (2) apply only to a drinks promotion carried on in
relation to alcohol sold for consumption on the premises.
(4)
(a)
(b)
(c)
The Scottish Ministers may by regulations modify sub-paragraph (2) or (3) so as to:add further descriptions of drinks promotions,
modify any of the descriptions of drinks promotions for the time being listed in it, or
extend or restrict the application of any of those descriptions of drinks promotions.
(5)
In this paragraph, “drinks promotion” means, in relation to any premises, any activity
which promotes, or seeks to promote, the buying or consumption of any alcohol on the
premises.
9.
10.
11.
(1)
The conditions specified in this paragraph apply only to the extent that the premises
licence authorises the sale of alcohol for consumption on the premises.
(2)
Tap water fit for drinking must be provided free of charge on request.
(3)
Other non-alcoholic drinks must be available for purchase at a reasonable price.
(1)
The condition specified in sub-paragraph (2) applies only in relation to a premises
licence in respect of which an annual or other recurring fee is to be paid by virtue of
regulations under section 136(1).
(2)
The fee must be paid as required by the regulations.
(1)
The condition specified in this paragraph applies only in the case of premises on which
alcohol is sold for consumption on the premises.
(2)
(a)
(b)
12.
(1)
The condition specified in this paragraph applies only in the case of premises:-
(a)
Which are not:(i)
a vehicle;
(ii)
a vessel;
(iii)
a moveable structure; or
(iv)
used wholly or mainly for the purposes referred to in Section 125(1);
(Registered Clubs)
on which alcohol is sold for consumption on the premises; and
to which children under the age of 5 are to be admitted.
(b)
(c)
13.
There is to be displayed so that it is reasonably visible to customers entering the
premises a sign of at least A4 size which:states that persons under the age of 18 are not permitted on the premises; or
states that such persons are permitted on the premises or on such parts of the premises
as are specified on the sign.
(2)
There are to be on the premises facilities for baby changing which are to be accessible
to persons of either gender.
(1)
Alcohol which is for sale only for consumption off the premises may be displayed only in
one or both of the following:-
(a)
a single area of the premises agreed between the Licensing Board and the holder of the
licence; or
a single area of the premises which is inaccessible to the public.
(b)
(2)
In an area agreed in sub-paragraph (1) (a) a product other than alcohol may be
displayed only if it is:-
(a)
(b)
a non-alcoholic drink; or
packaged with, and may be purchased only along with, alcohol.
PREMISES LICENCE – LATE OPENING PREMISES
Additional condition for all premises where the operating plan specifies that the premises will,
on any occasion, be open for a continuous period beginning on one day and ending after 1am
on the next day.
(A)
A person trained to the satisfaction of the Licensing Board in administering first aid must be
present on the premises from 1 am (on any day when the premises are open at that time) until
whichever is the earlier of:(a)
(b)
the time at which the premises next close; and
5am
Additional conditions for premises with a capacity of at least 250 where the operating plan
specifies that the premises will, on any occasion, be open for a continuous period beginning on
one day and ending after 1am on the next day and, subject to the specified exceptions:
will regularly provide at any period between 1am and 5am




live or recorded music with a decibel level exceeding 85dB or
facilities for dancing, or
adult entertainment (“any form of entertainment which (a) involves a
person performing an act of an erotic or sexually explicit nature and (b) is
provided wholly or mainly for the sexual gratification or titillation of the
audience”) or
when fully occupied are likely to have more customers standing than seated.
The exceptions are premises:



the primary function of which is the service of food;
which include, or are part of larger premises which include, at least 6 letting
bedrooms;
in respect of which a licence under Section 12 of the Theatres Act 1968 or Section 1
of the Cinemas Act 1985 is in force;
which are, or form part of, an art gallery.
As well as Condition A above the following conditions also apply:(B)
A designed person who is the holder of a personal licence must be present on the premises
from 1:00am (on any day when the premises are open at that time) until whichever is the earlier
of:(a)
(b)
(C)
the time at which the premises next close; and
5:00am or such other time as the Licensing Board may specify
There must be written policies in existence concerning:(a)
(b)
the evacuation of the premises; and
the prevention of the misuse of drugs on the premises
(D)
A CCTV system must be installed on the premises to the satisfaction of the appropriate chief
constable and must be kept in good working order.
(E)
There must be persons responsible for checking on the safety and wellbeing of persons using
any toilet facilities on the premises.
(F)
A person who holds a licence granted under section 8 of the Private Security Industry Act 2001
must be positioned at every entrance to the premises from 1:00am (on any day when the
premises are open at that time) until whichever is the earlier of:(a)
(b)
the time at which the premises next close; and
5:00am or such other time as the Licensing Board may specify.