Licensing Act 2003

Determination of applicationE+W

26(1)The relevant licensing authority must grant the application if—E+W

(a)it is satisfied that the applicant holds a justices' licence, and

(b)no objection notice has been given within the period mentioned in paragraph 25(3) or any notice so given has been withdrawn.

(2)Where the authority is not satisfied that the applicant holds a justices' licence, it must reject the application.

(3)Where the authority is so satisfied, but sub-paragraph (1)(b) does not apply, it—

(a)must hold a hearing to consider the objection notice, and

(b)having regard to the notice, must—

(i)reject the application if it considers it necessary for the promotion of the crime prevention objective to do so, and

(ii)grant the application in any other case.

(4)If the authority fails to determine the application within the period of three months beginning with the day on which it receives it, then, the application is to be treated as granted by the authority under this paragraph.

(5)Section 10 applies as if the relevant licensing authority’s functions under sub-paragraph (3) were included in the list of functions in subsection (4) of that section (functions which cannot be delegated to an officer of the licensing authority).

(6)In the application of section 122 (notification of determinations) to a determination under this paragraph, the references to an objection notice are to be read as references to an objection notice within the meaning of paragraph 25(2).