Premises licence
Contents
Premises licence review
A review is where any interested party or responsible authority asks us, as the licensing authority, to review a premises licence because of a matter arising in connection with 1 or more of the 4 licensing objectives.
Interested parties
An interested party is a:
- person living in the vicinity of the premises
- body representing people that live in the vicinity
- person involved in a business in the vicinity of the premises
- body representing people involved in business within the vicinity
Before initiating a review
If you want to request a review of a premises license, you must demonstrate that the operation of a premises licence undermines at least 1 of these 4 licensing objectives:
- prevention of crime and disorder
- public safety
- protection of children from harm
- prevention of public nuisance
We recommend a review should only be initiated where all other avenues have been exhausted and advise you to consider speaking to one of our Licensing officers before making an application to discuss other areas of dispute resolution. To arrange to speak to a licensing officer please email [email protected]
Grounds of rejection
A request for a review can be rejected if the grounds for the review are considered:
- frivolous (not having serious purpose)
- vexatious (to cause annoyance)
- repetitious (e.g. covering the same grounds as considered at a previous recent review)
- not relevant
Home office guidance
The Home Office has issued statutory guidance regarding when the review process can be initiated. This guidance states that the review process is not intended to be used as a second opportunity to persuade the licensing authority following the failure of earlier representations. It is for a licensing authority to judge what should be regarded as a 'reasonable interval' in these circumstances.
Application for a review
Every application for a review hearing will be determined on its own merits. To request an application form please email [email protected].
Once you have completed your form you are required to return the original to us and you must serve a notice containing details of the application to the holder of the premises licence and to all responsible authorities.
Once your application is validated, we must advertise it by displaying a pale blue A4 notice printed in black ink prominently:
- at or near the premises the application relates to
- in a prominent place at our council offices
- on our council website
Our notice must be displayed for 28 days during which interested parties may make relevant representation to us.
If you have supporting evidence that you wish to submit to the review hearing you should advise us in advance and will be required to agree to the applicant/licence holder being given a copy.
If, in advance of the hearing, an agreement in principle is made to change conditions on the licence you may agree to withdraw your review application, otherwise a hearing must be held.
We, the licensing authority, have 20 working days from the close of representations to hold a panel hearing. Anyone making representations will be given notice of the date of the hearing 10 working days beforehand. A copy of the report will be made available 5 working days beforehand.
At the hearing you will be able to speak to the panel of Councillors on the Sub-Committee. The licence holder will be invited to attend and it will also be open to the public. You may elect to be represented by another person. The Sub-Committee will decide whether to modify the conditions on the licence, exclude a licensable activity, suspend the licence for a period not exceeding 3 months, revoke the licence or leave the licence as it is. The decision will be notified to the licence holder, the applicant any person who made a relevant representation and the Chief Officer of Police.
If you are not happy with Sub-Committee’s decision, then you have a right to appeal at the Magistrates Court by lodging this within 21 days beginning on the day the appellant was notified of the decision.
Last updated 25 July 2024