How to object to a 'Civic' application
How to submit an objection or representation to an application under the Civic Government (Scotland) Act 1982.
When can I make an Objection or Representation?
A 28 day consultation period begins from the date the application for grant or renewal of a Licence is lodged with the Council. During the consultation period anyone can make an objection 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 General Purposes Board must grant the licence 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 the 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 on time.
It will be the Council’s General Purposes Board to determine as to 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 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
Anonymous objections or representations will not be considered.
Your objection or representation can be posted or hand delivered to:-
Inverclyde Council, Head of Legal & Property Services, Municipal Buildings, Clyde Square, Greenock , PA15 1LX.
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 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 General Purposes Board we will send you a letter inviting you to attend the meeting. You will receive this letter at least 14 days prior to the meeting.
At the meeting you will be provided with an opportunity to speak to your representation and the applicant will be provided with an opportunity to respond. Your letter will provide further information on the arrangements for the Board meeting. You are not required to attend the meeting but it does provide you an opportunity to address the Board if they have any queries regarding your representation.
Can I make and 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.
Page last updated: 18 May 2018