Clackmannanshire Council Online

Licence - Indoor Sports

Licence - Indoor Sports

Licence summary

If you use premises to show public sports entertainment, you must have a licence from Clackmannanshire Council.

Licences are not required for premises where the showing of sport for entertainment is not the principal purpose of the use of the premises.

You must comply with any conditions attached to a licence.

Eligibility Criteria

You must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.

You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since your last application.

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

A licence fee is payable, and the licence may be subject to conditions that:

• restrict the use of the premises to a specified kind or specified kinds of public sports entertainment


• limit the number of persons to be admitted to the premises


• fix the days and times when the premises may be open for the purposes of public sports entertainment

Applications must:

• be in writing (including submission by electronic means)


• be signed by the applicant (including signature by electronic means)


• contain the applicant's name and address, and those of any employee who will manage the activity on a day-to-day basis, and the area in which the activity is to be carried out


• be advertised in a newspaper specified by Clackmannanshire Council no later than 7 days after the date of application


• be advertised on or near the premises for a period of 21 days commencing on the date of the application

The application must also contain either of the following:

• A certificate addressed to Clackmannanshire Council stating that the advertisement requirements have been complied with.


• A declaration that you do not have rights in the premises that enable you to put up a notice, and detailing the reasonable steps that you have made to acquire those rights.

Clackmannanshire Council will:

• send a copy of the application to the Chief Constable of Central Scotland Police and Central Scotland Fire and Rescue Authority


• keep a register of applications in which they will enter the details of the receipt of the application, their final decision and reasons for the decision, the details of the terms of each licence granted and a note of any suspension, variation of the terms, or surrender, of a licence

The register must be available for inspection by any member of the public at reasonable times and places and any member of the public must be permitted to make a copy of it.

Will Tacit Consent Apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from Clackmannanshire Council within 6 months of lodging a completed application form

Apply

Please email licensing@clacks.gov.uk to apply for this licence.

Failed Application Redress

Please contact the Licensing Administrator in the first instance:

Within 28 days of the date of the decision to refuse their application, the applicant may require the Council to give the reasons for their decision.

The applicant may appeal to the sheriff court at Alloa against the decision, within 28 days of the decision, as long as they have already followed any available procedure in terms of stating their case to the Council

The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:

• erred in law


• based their decision on an incorrect material fact


• acted contrary to natural justice


• exercised their discretion in an unreasonable manner

The applicant may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff's decision.

Licence Holder Redress

Please contact the Licensing Administrator in the first instance:

If the Council decides to suspend a licence, not to renew a licence, or not to consent to material changes to the premises or vehicle used in the course of a licence holder's work, the licence holder may appeal against the decision to the sheriff court at Alloa within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council.

The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:

• erred in law


• based their decision on an incorrect material fact


• acted contrary to natural justice


• exercised their discretion in an unreasonable manner

The licence holder may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff's decision.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Rights webpage will give you advice. From outside the UK contact the UK European Consumer Centre.

Other Redress

Objections or representations relating to a licence application may be made in writing to the Council, within 21 days of notice of the licence application being given, stating:

• the grounds of the objection or nature of the representation


• the name and address of the person making the representation

The chief constable of Central Scotland Police, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision to the sheriff court at Alloa within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council
The appeal will only be successful if the Sheriff considers that the Council, in making their decision, had:

• erred in law


• based their decision on an incorrect material fact


• acted contrary to natural justice


• exercised their discretion in an unreasonable manner

Trade Associations

The Sports and Play Construction Association