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Tacit authorisation explained

EU logo (small) : This link opens in a new window Many of the permit and licence applications dealt with by the council come within the scope of a piece of legislation called the EU Services Directive. These can be identified on our web pages by the presence of the EUGO logo.

Under the Directive, there is a requirement that those applications are processed within a reasonable time period.

If the council has not processed the application within the timescales stated (or following an extension) you will be able to act as though the council has authorised the application. The Directive describes this type of consent as tacit authorisation.

There are, however, four exceptions where tacit authorisation does not apply. The exemptions are applications that could impact on public safety, public health, animal welfare or the environment, such as pet shop licences, environmental permits. In these cases, you must contact us if you feel that there is a delay in processing your application. You must not assume that you have tacit authorisation.

When does the clock start running for tacit authorisation?

The clock starts when the completed application is submitted along with all the required information and documents requested, including the fee, if relevant. If the council spots an error or omission in the application, we will place it on hold until the problem is rectified. You will be notified if this occurs.

The council will notify you in writing if someone objects about an application which causes the matter to be referred to a licensing panel. The period will then be extended to the date on which the application is determined at hearing. We will notify you of the outcome of the hearing not later than ten working days after the day of the hearing.

Does tacit authorisation apply to applications submitted through the post, in person or by email?

Tacit authorisation applies to all applications, whether they are received by post, online, or via email. If you submit an application by post, please note, that tacit consent will only apply when your business can show proof of delivery from a post office or recognised courier.

Can the council extend the timescales?

The period for processing an application may be extended once, by the council, for a limited time.  You will be notified of the extension and reasons for the delay before the expiry of the original period. This would also apply if the processing of a licence is delayed where there is legitimate interest from a third party such as, for example, due to an appeal process.

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Article utilities:  Bookmark and Share Print Print this page Last updated: 24 Sep 2018 at 11:19