(1) A person who claims, in a case covered by a licensing scheme, that the licensing body has refused to grant him or her or procure the grant to him or her of a licence in accordance with the scheme, or has failed to do so within a reasonable time after being asked, may apply to the High Court.
(2) A person who claims, in a case excluded from a licensing scheme, that the licensing body either—
(a) has refused to grant him or her a licence or procure the grant to him or her of a licence, or has failed to do so within a reasonable time of being asked, and that in the circumstances it is unreasonable that a licence should not be granted; or
(b) proposes terms for a licence which are unreasonable, may apply to the High Court.
(3) A case shall be regarded as excluded from a licensing scheme for the purposes of subsection (2) if—
(a) the scheme provides for the grant of licences subject to terms excepting matters from the licence and the case falls within such an exception; or
(b) the case is so similar to those in which licences are granted under the scheme that it is unreasonable that it should be dealt with in the same way.
(4) If the Court is satisfied that the claim is well-founded, it shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms as the Court may determine to be applicable in accordance with the scheme or, as the case may be, to be reasonable in the circumstances.
(5) The order may be made so as to be in force indefinitely or for such period as the Court may determine.