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Licensed Premises-Licensing and Enforcement

The Licensing Act 2003 became law on 24 November 2005 and this date saw the responsibility for the issue of licences for the sale or supply of alcohol pass from the local Magistrates’ Court to the Council (the Licensing Authority).

A Premises Licence, or a Club Premises Certificate, or in certain circumstances a Temporary Events Notice, will be necessary to carry out what is known as 'Licensable Activities' in a premises. These activities are described by the new Licensing Act as being:

  • any sale of alcohol by retail.
  • the supply of alcohol in a members club.
  • regulated entertainment, such as films, plays, indoor sports, boxing or wrestling, live or recorded music or dancing.
  • late night refreshment (hot food or hot drink between 11pm and 5am the next morning).

The Licensing and Enforcement Team do not issue or administer the Premises licence however should you consider it necessary to seek a premises review we can offer advice on this matter, should you require our help please contact us.

Tell us:

  • Your name, address, and a contact telephone number
  • The address the problem originates from
  • A description of the type of problem
  • Whether this is a single event, or occurs regularly
  • When the problem started, or, if a regular occurrence, typical problem times

We will advise you of the reference number of your report, which you should quote if you contact us again about this matter.

Legal Controls Review of a Premises Licence

GUIDANCE NOTES – LICENSING ACT 2003 REVIEW OF PREMISES LICENCE/CLUB PREMISES CERTIFICATE

Introduction
Where the operation of a Premises Licence or Club Premises Certificate is causing harm to the licensing objectives, a responsible authority or an interested party may apply to the Council, as Licensing Authority for a review of the licence or certificate.

Who may apply
Reviews may be applied for by a Responsible Authority or an "other person" . A representation, can be given to either object to or support the grant of the licence. You must provide your full name and address and grounds for the objection.

How to make an application
An application for a review must be made on the prescribed form available in hard copy from the Licensing Section.
When completing the application form, grounds on which the review is based must be provided (for details see below).

A copy of the application must be sent to the Licensing Section at the borough council - follow this link for our contact details. Copies should also be sent (together with any accompanying documents) to each of the responsible authorities.
A copy of the review application also needs to be sent to the holder of the premises licence or club holding the club premises certificate.

Advertisement of review
Where an application for a review is made the Licensing Authority will advertise the review by:

  • a. displaying a site notice at or near the site of the premises
  • b. publishing a notice on the Council’s website

for 28 days starting on the day after the application was given to the Licensing Section.

Grounds For a Review
The grounds for review must be relevant to at least one of the licensing objectives, such as:

  • prevention of crime and disorder
  • public safety
  • prevention of public nuisance
  • protection of children from harm

The application form requests any additional information or details, for example dates of problems included in the grounds for review.
In the case of an application made by an interested party, the application will be rejected if the grounds are judged to be frivolous, vexatious or of a repetition nature.
The grounds for review will be judged as repetition if:

  • a. it is identical or similar to
    • i. the grounds for review specified in an earlier application for review made in respect of the same premises that has already been determined;
    • ii. representations that have already been considered by the licensing authority when the application for a premises licence was originally determined; or
  • b. a reasonable interval has not elapsed since an earlier application for review or the grant of the licence (as the case may be).

Determination of application
Where an application for review is made which complies with the above requirements, a hearing of the Licensing Committee will be called to determine the application.
The Licensing Committee may, if it considers necessary for the promotion of the licensing objectives, consider the following steps:

  • a. modify the conditions of the licence
  • b. exclude a licensable activity from the scope of the licence
  • c. remove the designated premises supervisor
  • d. suspend the licence for a period not exceeding three month
  • e. revoke the licence

The decision of the Committee will not take effect (a) until the end of the period given for appealing the decision; or (b) if the decision is appealed against, until the appeal is disposed of.

Frequently Asked Questions

How do I apply for a review of a premises licence?
An application for the review of a premises licence or club premises certificate must be given in writing and be in the prescribed form.
The person or body requesting the review must notify the holder of the premises licence and each responsible authority of their request, by sending them a copy of the application for review, together with any accompanying documents, on the same day as the application is given to the relevant licensing authority.

What happens next?
The relevant licensing authority must advertise the application for the review by displaying a pale blue A4 (or larger) notice, printed legibly in black ink or typed in black, in a size equal to 16 font (or larger):

• Prominently at, on or near the premises to which the application relates, where it can be conveniently read from the exterior of the premises by the public (where the premises covers an area of more than 50m squared, a further notice in the same form and subject to the same requirements every 50 metres along the external perimeter of the premises abutting any highway). The notice must be displayed for 28 consecutive days, starting on the day after the application is given to the relevant licensing authority
• At the offices, or the main offices of the licensing authority in a central and conspicuous place
• In a case where the relevant licensing authority maintains a website for the purpose of advertisement of applications given to it, by publication of a notice on that website

The notice must be displayed for 28 consecutive days, starting on the day after the application is given to the relevant licensing authority.
An interested party or a responsible authority has this period of 28 days in which to make representations to the relevant licensing authority.
The licensing authority can reject any ground for the review if it considers it to be frivolous, vexatious or repetitious. If not rejected, the licensing authority must hold a hearing to consider the application.
In the case of a review of a premises licence following a closure order by a magistrates court, an interested party or a responsible authority has a period of 7 days from when the licensing authority receives the order, in which to make representations about the review.

What information needs to be included in the advertisement for review?
Notices advertising applications for reviews and reviews of a premises licence following a closure order, need to state:
• The address of the premises about which an application for a review has been made
• The dates between which interested parties and responsible authorities may make representations
• The grounds of the application for review
• That postal address and website address (if any) where the register of the relevant licensing authority is kept and where and when the grounds for the review may be inspected
• That it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence

Do I have to pay a fee?
The Licensing Act 2003 (Fees) Regulations 2005 does not prescribe a fee for making representations, or applying for the review of a premises licence or club premises certificate.

Can the licensing authority make representations on a licence application or ask for a review of a licence?
No, (except where a premises is situated in more than one area and a different licensing authority is determining the application) the Act does not give the licensing authority considering the application the power to make representation in relation to the application for a premises licence or request a review of a premises licence.
The same provisions apply in relation to club premises certificates and provisional statements.

Can the licensing authority impose conditions on a premises licence?
If no relevant representations are made, the only conditions that can be imposed are those that are consistent with the applicant's operating schedule and any mandatory conditions provided in the Act. If relevant representations are made, the licensing authority may modify or add conditions to the operating schedule if necessary in order to promote the licensing objectives.
The same provisions apply in relation to club premises certificates and provisional statements.

What are relevant representations?
In brief "relevant representations" is the expression used in the Act for comments including objections on applications etc.
For a representation to be relevant it must:
• Relate to the effect of the grant of the licence on the promotion of the licensing objectives
• Be made by an interested party or responsible authority
• Not have been withdrawn
• Not be 'frivolous or vexatious' or, in the case of a review, 'repetitious' if made by an interested party
• If it concerns the premises supervisor be made by a chief officer of police and include a statement explaining the reasons for the objection
The Secretary of State has made regulations under the Licensing Act 2003 in relation to the making of representations.

What does frivolous, vexatious or repetitious mean?
Frivolous or vexatious will bear their ordinary meaning. The licensing authority must form a view as to whether a reasonable person would consider the observations frivolous or vexatious.
In the case of a review of the licence, the Act provides that for a ground to be a repetition it must be identical or substantially similar to a ground for review already made. For a representation to be a repetition it is identical or substantially similar to one already considered by the Council before it determined an application, or the representation would have been considered but for the fact that they were excluded representations following a provisional statement. Further, the Act provides that it will be a repetition if a reasonable interval has not elapsed since the earlier application or review.

 


Last updated 18 October 2017

 
 
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