Parliamentary portcullis Session 2008-09
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SCHEDULE 4
Section 8(8)

Procedure for rescinding a designating resolution or providing an alternative licensable area

Before rescinding a designating resolution or passing a resolution to designate an alternative licensable area the council shall give notice in writing of its intention to do so—
(a)to any licence holder in the licensable area;

(b)to the Police Commissioner;
(c)to the highway authority (except where the council is the highway authority);
(d)to all other licence holders whom the council could reasonably expect would be affected by the proposed resolution; and
(e)where a proposed resolution to designate an alternative licensable area would designate private land, to the owner of that land or to the person assessed for the uniform business rate on it.
The council may, if it thinks fit, also give notice in writing to residents' associations or amenity societies representing residents living in the vicinity of the area which is the subject of a proposed resolution to designate an alternative licensable area.
The notices mentioned in paragraphs 1 and 2 shall—
(a)give details of the proposed resolution or confirmatory resolution; and
(b)state that representations may be made regarding the proposed resolution or confirmatory by the date specified in the notice as the due date, which date shall be not less than 28 days after the notice has been given.
As soon as practicable after the due date the council shall consider all representations received by that date and may at its discretion consider representations received after that date.
The council shall give to any person who makes representations by the due date an opportunity to make oral representations to the council and may at its discretion give to other persons making representations a similar opportunity.
The council may pass or confirm the proposed resolution with any modifications it considers appropriate as a result of any representations received under this section or for any other reason that it thinks fit but no resolution designating an alternative licensable area may be passed or confirmed—
(a)in respect of private land without the consent of the owner of that land or the person assessed for the uniform business rate on it; or
(b)in respect of a highway in respect of which the council is not the highway authority, without the consent of the highway authority.
As soon as practicable after passing or confirming a resolution under paragraph 6 the council shall by notice in writing inform all persons who were given notice of the proposed resolution.

 

 
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