Premises and club premises licences - application for review
Licences for premises and club premises
The Review Process
When local communities experience problems at premises licensed under the Licensing Act 2003, a Responsible Authority or any other person may request the Licensing Authority to review the Premises Licence or Club Premises Certificate. The review must relate to a particular licensed premise and must be relevant to the promotion of one or more of the licensing objectives:
- prevention of crime and disorder,
- public safety,
- prevention of public nuisance,
- protection of children from harm
Before applying for a review, parties are advised to consider if any other steps could be taken to effectively deal with the problems they are experiencing. This could involve speaking to the Licence/Certificate holder, speaking to a Licensing Officer or speaking to one or more of the Responsible Authorities.
When an application for review is received by the Licensing Authority, the Authority must decide if the application is frivolous, vexatious or repetitious.
Further information on all these points is given in the Amended Guidance issued under Section 182 of the Licensing Act 2003 issued by the Home Office.
There is no cost attached to an application for review. The application form should be completed carefully, giving as much information as possible in support of the application. It should be remembered that only points raised in the application can be discussed at the hearing. New issues cannot be raised at the hearing stage.
A copy of the completed application form should then be sent to the holder of the Premises Licence/Club Premises Certificate and to each of the Responsible Authorities. The applicant should also keep a copy of the form for his/her own records.
After considering the completed application form, the Licensing Authority will either:
- Reject the application if it is decided that the application is frivilous, vexatious or repetitious. If the application is rejected, the applicant will be informed in writing and given reasons for the decision. The applicant may apply to the High Court for a Judicial Review if he/she is not happy with the decision,
- Accept the application. When the application is accepted as a valid application, the applicant will be notified in writing by the Licensing Authority. The Licensing Authority will then arrange for a public notice, containing details of the premises, the grounds for review and the last date for receipt of representations, to be displayed at the premises and at the Town Hall for a period of 28 consecutive days commencing the day after the application is given to the Licensing Authority. During this 28 day period, other interested parties and Responsible Authorities may make representations. These representations may be of either a negative or positive nature but must relate to the specific premises and the promotion of the licensing objectives
At the end of the 28 day period, the Licensing Authority will arrange a meeting of the Licensing Committee to consider the application and any representations. The hearing will be held within 20 working days of the last date specified in the public notice for receipt of representations.
At the hearing, the Licensing Committee may:
For Premises Licences:
- modify the conditions of the Licence,
- exclude a licensable activity from the scope of the Licence,
- remove the Designated Premises Supervisor,
- suspend the Licence for a period not exceeding 3 months,
- revoke the Licence,
- any or none of the above
For Club Certificates:
- modify the conditions of the Certificate,
- exclude a qualifying club activity from the scope of the Certificate,
- suspend the Certificate for a period not exceeding 3 months,
- withdraw the Certificate,
- any or none of the above
Following the hearing, all parties will receive a determination notice, confirming the decisions of the Licensing Committee. An appeal may be lodged against the Licensing Committee's decision at the appropriate Magistrates' Court.
Any decision made at the hearing will not take effect until the end of the period within which an appeal can be brought has passed (21 days) or until the determination of such an appeal.