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What is the meaning of “frivolous, vexatious or repetitious”?

 
If your complaint is classified as frivolous, vexatious or repetitious we will reject your request in writing. We will explain our decision and our reasons for it.  If you are unhappy with our decision you may apply to the High Court for a judicial review.

See below for definitions of the terms.

Frivolous:

A frivolous complaint is one so trivial it would be unreasonable to consider. 

For example, a pub may have run without any problems for ten years, but on New Years Eve have a noisy party ending at 1am.  No other noise has occurred before, or since, that time. 

The Council would probably consider a request for a review to be frivolous on this occasion, as it concerned a one off event on a night of the year when it would be normal to expect a certain degree of noise nuisance.

Vexatious:

A complaint is vexatious if it is not genuine and is made as a result of a dispute between neighbouring residents and businesses. Council officers will make their own observations to establish whether complaints are being made for vexatious reasons.

Repetitious:

A complaint is defined as repetitious under the Act if:

  • It is identical, or substantially similar to:
  • A ground for review that has already been considered by the Council or
  • A representation made by a responsible authority or interested party to the grant of a Premises Licence or
  • A representation about a provisional statement which was excluded AND
  • A reasonable interval has not elapsed since that earlier time.
The Council will decide what a “reasonable interval” is, depending on the circumstances of the case.  However, Government guidance says the minimum period between reviews should be at least twelve months in any case, unless there are particularly compelling circumstances.

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