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Licensing Act 2003 - Guidance Notes
Licensing Act 2003 - Guidance Notes
What does the Licensing Act do?
The Licensing Act 2003 combines the existing systems of licensing of the sale of alcohol, the provision of public entertainment, the displaying of films, performances of plays, the provision of late night refreshment and the certification of clubs into one single system, and makes the Local District or Unitary Council responsible for issuing the new form of single licence, called a Premises Licence. At the same time the Licensing Act transfers the responsibility for licensing clubs from the Licensing Magistrates to the Licensing Authority, making Licensing Authoritys responsible for issuing Club Premises Certificates.
The Licensing Act also creates what is known as a Personal Licence, which allows a holder to sell or authorise the sale of alcohol from licensed premises, abolishes the concept of fixed licensed hours for the sale of alcohol and makes late night takeaways licensable for the first time.
The Licensing Act also creates what is known as a Personal Licence, which allows a holder to sell or authorise the sale of alcohol from licensed premises, abolishes the concept of fixed licensed hours for the sale of alcohol and makes late night takeaways licensable for the first time.
Why does the Licensing Act make these changes?
In 2000 Her Majesty`s Government concluded that the existing systems of licensing were overburdonsome, complicated and expensive to administer. It was also of the view that licensing decisions should be made by local, democratically accountable people. At the same time the Government considered the question “what is licensing for?” and suggested that any new legislation should have a clear purpose or purposes which reflected modern day needs rather than those of bygone eras.
How does the Licensing Act bring the Governments conclusions into effect?
As well as streamlining and making the system more democratically accountable the Licensing Act defines four Licensing Objectives. These are:
a. The Prevention of Crime and Disorder
b. Public Safety
c. The Prevention of Public Nuisance
d. The Protection of Children from Harm
These four objectives are key to everything that is done under the Licensing Act 2003.
Through the Licensing Act 2003, the Government seeks to allow much greater flexibility in the control of licensable activity. This does not mean that all licensed premises will be open 24 hours a day or 7 days a week. What is does mean is that applicants have the freedom to apply to open on the days and at the times that suit them. At the same time, however, much greater opportunity is given to those who are affected by a licensed premises or club premises to influence the decisions of the Licensing Authority.
a. The Prevention of Crime and Disorder
b. Public Safety
c. The Prevention of Public Nuisance
d. The Protection of Children from Harm
These four objectives are key to everything that is done under the Licensing Act 2003.
Through the Licensing Act 2003, the Government seeks to allow much greater flexibility in the control of licensable activity. This does not mean that all licensed premises will be open 24 hours a day or 7 days a week. What is does mean is that applicants have the freedom to apply to open on the days and at the times that suit them. At the same time, however, much greater opportunity is given to those who are affected by a licensed premises or club premises to influence the decisions of the Licensing Authority.
How does the Licensing Authority make its decisions?
If an application for a Premises Licence or Club Premises Certificate is properly made and there are no relevant representations, (objections), from either one of the responsible authorities or from people or businesses in the vicinity of the premises, then the Licensing Authority must grant the licence or certificate as applied for. The Licensing Authority has no power to refuse or vary a licence unless a relevant representation is made.
Applications for Personal Licences can be made by any existing holder of a Justices Licence and by any person over 18 years of age, who holds a relevant qualification. In the case of Personal Licence Applications only the police can object to the granting of a licence.
If one or more relevant representations are made then the Licensing Authority must hold a public meeting, at which the applicant and those who made relevant representations can state their cases. The Licensing Authority must consider the matters before it, with consideration to its own Licensing Policy and to any guidance issued by the Secretary of State, and then decide to grant, refuse or vary the licence.
Applications for Personal Licences can be made by any existing holder of a Justices Licence and by any person over 18 years of age, who holds a relevant qualification. In the case of Personal Licence Applications only the police can object to the granting of a licence.
If one or more relevant representations are made then the Licensing Authority must hold a public meeting, at which the applicant and those who made relevant representations can state their cases. The Licensing Authority must consider the matters before it, with consideration to its own Licensing Policy and to any guidance issued by the Secretary of State, and then decide to grant, refuse or vary the licence.
What is a Licensable Activity?
The following are licensable activities:
a. The sale of alcohol by retail.
b. The supply of alcohol by or on behalf of a club, or the order of a member of a club.
c. The provision of regulated entertainment.
d. The provision of late night refreshment.
Regulated entertainment is:
a. Performance of a play.
b. Exhibition of a film.
c. An indoor sporting event.
d. Bowling or wrestling.
e. Performance of live music.
f. Playing of live music.
g. Performance of recorded music.
h. Performance of a dance.
And any similar entertainment provided to entertain an audience
A licence is also required where facilities are provided to allow music or dancing to entertain an audience.
The provision of Late Night Refreshment is the supply of hot food to the public for consumption on or off the premises between 11pm and 5am. The supply of food to employees, guests at hotels and similar establishments, club members and guests, from vending machines and by charities is exempt. Also, food supplied free of charge is exempt.
a. The sale of alcohol by retail.
b. The supply of alcohol by or on behalf of a club, or the order of a member of a club.
c. The provision of regulated entertainment.
d. The provision of late night refreshment.
Regulated entertainment is:
a. Performance of a play.
b. Exhibition of a film.
c. An indoor sporting event.
d. Bowling or wrestling.
e. Performance of live music.
f. Playing of live music.
g. Performance of recorded music.
h. Performance of a dance.
And any similar entertainment provided to entertain an audience
A licence is also required where facilities are provided to allow music or dancing to entertain an audience.
The provision of Late Night Refreshment is the supply of hot food to the public for consumption on or off the premises between 11pm and 5am. The supply of food to employees, guests at hotels and similar establishments, club members and guests, from vending machines and by charities is exempt. Also, food supplied free of charge is exempt.
Do I need to apply for a licence?
If you operate a premises at which any licensable activity take place, otherwise than in the course of a totally private event, then you will require one or more types of authorisation under the Licensing Act 2003.
There are three type of licensing authorisation under the Licensing Act 2003. These are:
1. A Premises Licence where licensable activities take place for members of the general public.
2. A Club Premises Certificate where licensable activities take place for club members and their guests.
3.A Temporary Event Notice where licensable activities take place on premises where there are never more than 499 people and where the event does not last for more than four days. There can be no more than 12 temporary event at any one premises over a total of no more than 15 days in any one year.
There may be more than one authorisation in respect of a single premises.
If you wish to sell alcohol at a premises with a Premises Licence then there must be at least one person who holds a Personal Licence to sell or authorise the sale of alcohol from the premises. One of the Personal Licence holders must be nominated as the Designated Premises Supervisor.
There are three type of licensing authorisation under the Licensing Act 2003. These are:
1. A Premises Licence where licensable activities take place for members of the general public.
2. A Club Premises Certificate where licensable activities take place for club members and their guests.
3.A Temporary Event Notice where licensable activities take place on premises where there are never more than 499 people and where the event does not last for more than four days. There can be no more than 12 temporary event at any one premises over a total of no more than 15 days in any one year.
There may be more than one authorisation in respect of a single premises.
If you wish to sell alcohol at a premises with a Premises Licence then there must be at least one person who holds a Personal Licence to sell or authorise the sale of alcohol from the premises. One of the Personal Licence holders must be nominated as the Designated Premises Supervisor.
The supply of alcohol at premises authorised under a Club Premise Certificate or Temporary Event Notice does not require a Personal Licence Holder.
I have a Licence/Licences at the moment. How do I apply for a Licence under the Licensing Act 2003?
Existing holders of licences issued by the Licensing Magistrates under the Licensing Act 1964, or by the Local Authority for Public Entertainment, Theatres, Cinemas or Late Night Refreshment can apply to the Licensing Authority to convert their existing licence(s) to a new Premises Licence or Club Premises Certificate under the transitional arrangements. To do this applicants will need an Application Form available from the Licensing Authority:
You may download this application form from www.northwilts.gov.uk/Business/Business and Street Trading Licences
Write to North Wiltshire District Council, Licensing, Environmental Health, Monkton Park, Chippenham, Wiltshire, SN15 1ER
Telephone North Wiltshire District Council 01249 706111.
Existing licence holders in North Wiltshire who have not already submitted an application will be sent an Application Pack on a phased basis. Applications under the transitional arrangements must be made within six months of the First Appointed Day (i.e., between 7th February 2005 and 6th August 2005).
Applicants for Premises Licenses and/or Club Premises Certificates who already hold existing licenses can apply at the same time as they apply for a Conversion Licence to have that Conversion Licence varied . To apply for a variation (any change in what you want to do under your licences) please complete Part B of the Application Form. Please note that any application made after the Conversion Licence is applied for is treated as a separate application for variation and will be subject to an additional fee.
Existing holders of Liquor Licences issued under the Licensing Act 1964, can apply to the Licensing Authority in the area where they live, not work, for a Personal Licence. As long as there is no objection from the police, Personal Licences applied for under the transition arrangements are granted automatically.
You may download this application form from www.northwilts.gov.uk/Business/Business and Street Trading Licences
Write to North Wiltshire District Council, Licensing, Environmental Health, Monkton Park, Chippenham, Wiltshire, SN15 1ER
Telephone North Wiltshire District Council 01249 706111.
Existing licence holders in North Wiltshire who have not already submitted an application will be sent an Application Pack on a phased basis. Applications under the transitional arrangements must be made within six months of the First Appointed Day (i.e., between 7th February 2005 and 6th August 2005).
Applicants for Premises Licenses and/or Club Premises Certificates who already hold existing licenses can apply at the same time as they apply for a Conversion Licence to have that Conversion Licence varied . To apply for a variation (any change in what you want to do under your licences) please complete Part B of the Application Form. Please note that any application made after the Conversion Licence is applied for is treated as a separate application for variation and will be subject to an additional fee.
Existing holders of Liquor Licences issued under the Licensing Act 1964, can apply to the Licensing Authority in the area where they live, not work, for a Personal Licence. As long as there is no objection from the police, Personal Licences applied for under the transition arrangements are granted automatically.
When will I be able to use my new licence?
All licences granted under the transitional arrangements come into effect on the Second Appointed Day. The Secretary of State has not declared the Second Appointed Day, but the expectation is that it will be the 7th November 2005. Until the Second Appointed Day all licensed premises remain subject to the licences they already hold and to the conditions attached to those licences.
My existing licence(s) runs out between 7th February 2005 and the Second Appointed Day. What do I do about renewing my existing licences?
All existing licences must be renewed with either the Licensing Magistrates or the Licensing Authority if they expire during the transition period. In order for a Conversion Licence to take effect there must be a current licence or licences in place on the Second Appointed Day.
How much do I have to pay for my new licence?
The fees for all licences issued under the Licensing Act 2003, and all other matters for which a fee is payable are determined by Government under the Licensing Act 2003 (Fees) Regulations 2005. A table of charges can be found at www.culture.gov.uk
What do I need to include with my application?
Each Application Form contains a checklist of the things that need to be included with your application. If you are submitting an Application, please check that you have included all of the relevant documentation. Any Application that is not complete will be returned to the applicant.
Who do I send my Application to?
For Premises in North Wiltshire the Application Form and fee must be sent to:
The Licensing Officer
North Wiltshire District Council
Environmental Health
Monkton Park
Chippenham
Wiltshire
SN15 1ER
For all applications, including applications to convert existing licences, a copy of the application must be sent to:
The Licensing Officer
Wiltshire Police
Trowbridge Police Station
Polebarn Road
Trowbridge
BA14 7EP
For all new premises applications (i.e., premises where there is no existing licence to convert) and for all variation applications, including variation of conversion licences, copies of the Application Form and all of the attached documentation must be sent to the following:
1. North Wiltshire District Council
Environmental Health Team Leader
Environmental Health
Monkton Park
Chippenham
Wiltshire
SN15 1ER
2. North Wiltshire District Council
Planning Department
Monkton Park
Chippenham
Wiltshire
SN15 1ER
3. Swindon and Wiltshire Fire Authority
Fires Safety Department
Fire Station
Drove Road
Swindon
Wiltshire
SN1 3AD
Email: swindon.firesafety@wiltsfire.gov.uk
4.Area Trading Standards Manager
Environmental Services Department
Wiltshire County Council
Trading Standards Area Office
The Chestnuts
Bythesea Road
Trowbridge
Wiltshire BA14 8JD
If the premises is one for which the Health and Safety Executive (HSE) is responsible for enforcing the HASAWA, (these will include schools and other Local Authority premises, Government property, factories and underground stores), copies must be sent to the following:
1. The Services Group
Health and Safety Executive
The Pithay
Bristol
BS1 2ND
Email: keith.derrick@hse.gsi.gov.uk
The Licensing Officer
North Wiltshire District Council
Environmental Health
Monkton Park
Chippenham
Wiltshire
SN15 1ER
For all applications, including applications to convert existing licences, a copy of the application must be sent to:
The Licensing Officer
Wiltshire Police
Trowbridge Police Station
Polebarn Road
Trowbridge
BA14 7EP
For all new premises applications (i.e., premises where there is no existing licence to convert) and for all variation applications, including variation of conversion licences, copies of the Application Form and all of the attached documentation must be sent to the following:
1. North Wiltshire District Council
Environmental Health Team Leader
Environmental Health
Monkton Park
Chippenham
Wiltshire
SN15 1ER
2. North Wiltshire District Council
Planning Department
Monkton Park
Chippenham
Wiltshire
SN15 1ER
3. Swindon and Wiltshire Fire Authority
Fires Safety Department
Fire Station
Drove Road
Swindon
Wiltshire
SN1 3AD
Email: swindon.firesafety@wiltsfire.gov.uk
4.Area Trading Standards Manager
Environmental Services Department
Wiltshire County Council
Trading Standards Area Office
The Chestnuts
Bythesea Road
Trowbridge
Wiltshire BA14 8JD
If the premises is one for which the Health and Safety Executive (HSE) is responsible for enforcing the HASAWA, (these will include schools and other Local Authority premises, Government property, factories and underground stores), copies must be sent to the following:
1. The Services Group
Health and Safety Executive
The Pithay
Bristol
BS1 2ND
Email: keith.derrick@hse.gsi.gov.uk
Do I need to advertise my Application?
If you are only applying to convert your existing licence(s) without variation there is no requirement to advertise.
If you are applying to vary your Conversion Licence, or applying for a new Premises Licence or Club Premises Certificate, you will need to advertise your application in a local newspaper and post a notice or notices at your premises. Detailed information on how to do this is in the Application Pack.
If you are applying to vary your Conversion Licence, or applying for a new Premises Licence or Club Premises Certificate, you will need to advertise your application in a local newspaper and post a notice or notices at your premises. Detailed information on how to do this is in the Application Pack.
What happens when the Licensing Authority receives my application?
Each application is checked on arrival at the Licensing Authority to ensure that it is properly completed. If the application is incomplete, contains errors or is not accompanied by the correct fee then the application will be returned to the applicant with an explanation of why it is defective. If the application is complete the Licensing Authority will check that the police have received their copy and, if not, contact the applicant.
In the case of conversion applications for premises and clubs, the application will be compared with the existing licence or licences. If there are no significant variations and no objections from the police, the Licensing Authority will issue a new Premises Licence or Club Premises Certificate. If the application includes an application to vary the conversion licence the Licensing Authority will check that each of the Responsible Authorities have been given copies of the application by the applicant, that the application has been properly advertised, and that the required notice or notices of application have been posted at the premises.
The Licensing Authority must then wait for four weeks to allow relevant representation to be made. If a representation is received from either a responsible authority or an interested party the Licensing Authority will determine whether or not that representation is relevant, and whether or not it is frivolous or vexatious. If a relevant representation is properly received then a Licensing Sub-Committee Hearing must be held to determine the application. If no relevant representation is received the licence will be issued in accordance with the application.
In the case of an application for a Personal Licence the Licensing Authority will check that the police have received their copy of the application and if, after four weeks, the police have not objected the Personal Licence will be issued. If the police do object then a Licensing Sub-Committee Hearing will be held to determine the application.
In the case of conversion applications for premises and clubs, the application will be compared with the existing licence or licences. If there are no significant variations and no objections from the police, the Licensing Authority will issue a new Premises Licence or Club Premises Certificate. If the application includes an application to vary the conversion licence the Licensing Authority will check that each of the Responsible Authorities have been given copies of the application by the applicant, that the application has been properly advertised, and that the required notice or notices of application have been posted at the premises.
The Licensing Authority must then wait for four weeks to allow relevant representation to be made. If a representation is received from either a responsible authority or an interested party the Licensing Authority will determine whether or not that representation is relevant, and whether or not it is frivolous or vexatious. If a relevant representation is properly received then a Licensing Sub-Committee Hearing must be held to determine the application. If no relevant representation is received the licence will be issued in accordance with the application.
In the case of an application for a Personal Licence the Licensing Authority will check that the police have received their copy of the application and if, after four weeks, the police have not objected the Personal Licence will be issued. If the police do object then a Licensing Sub-Committee Hearing will be held to determine the application.
What happens at a Licensing Sub-Committee Hearing?
The conduct of a Licensing Sub-Committee Hearing is determined by the Licensing Act 2003 (Hearings) Regulations 2005.
Three members of the Licensing Committee sit to decide whether or not a particular application will be granted, refused or varied. In reaching a decision the Licensing Sub-Committee will take into account the relevant representations received by the Licensing Authority, the guidance issued by the Secretary of State and the Licensing Authority`s own Licensing Policy. The meeting of the Licensing Sub-Committee is a public meeting at which the applicant and any body or person who has made a relevant representation will be asked to submit evidence in support of their case. The Committee will not be able to take into account any representation, relevant or not, made after the four week period during which representations can be made. Having heard the evidence presented by the applicant and any interested party, the Committee consider the evidence and must make a decision. A Licensing Sub-Committee can be adjourned, but a Licensing Authority only has two months to determine an application from the date it was properly received.
Three members of the Licensing Committee sit to decide whether or not a particular application will be granted, refused or varied. In reaching a decision the Licensing Sub-Committee will take into account the relevant representations received by the Licensing Authority, the guidance issued by the Secretary of State and the Licensing Authority`s own Licensing Policy. The meeting of the Licensing Sub-Committee is a public meeting at which the applicant and any body or person who has made a relevant representation will be asked to submit evidence in support of their case. The Committee will not be able to take into account any representation, relevant or not, made after the four week period during which representations can be made. Having heard the evidence presented by the applicant and any interested party, the Committee consider the evidence and must make a decision. A Licensing Sub-Committee can be adjourned, but a Licensing Authority only has two months to determine an application from the date it was properly received.
How long does an application take to process?
A Licensing Authority has a maximum of two months to determine an application for a Premises or Club Premises Certificate licence or to vary a licence. If the Licensing Authority fails to determine a conversion application within two months the licence is deemed to be granted. In the case of an application to vary a Conversion Licence, an application for a new Premises Licence or an application for a Club Premises Certificate, if the application is not determined within two months the application is deemed to be refused.
North Wiltshire District Council has put in place procedures and staff to deal with the application process. However, the Council, as Licensing Authority, has no control over the timing of applications. It is anticipated that the vast majority of conversion applications will be accompanied by variation application. If the Licensing Authority receives six or seven hundred applications for variation in the first couple of weeks of the transition period, and each of those is subject to a relevant representation, then it will be impossible to process all of those applications within the two month deadline.
Applicants are, therefore, asked to wait until they receive an application pack from the Licensing Authority before applying. Application packs will be sent to all existing licence holders in good time to make applications, on a Community Area basis.
Packs will go to:
Area 1 Malmesbury - February
Area 2 Wootton Bassett/Cricklade - March
Area 3Chippenham - April
Area 4 Corsham - May
Area 5 Calne - June
An applicant may request an application pack or down load one from northwiltshire.gov.uk at any time. Requests for application packs will be dealt with as they are received.
North Wiltshire District Council has put in place procedures and staff to deal with the application process. However, the Council, as Licensing Authority, has no control over the timing of applications. It is anticipated that the vast majority of conversion applications will be accompanied by variation application. If the Licensing Authority receives six or seven hundred applications for variation in the first couple of weeks of the transition period, and each of those is subject to a relevant representation, then it will be impossible to process all of those applications within the two month deadline.
Applicants are, therefore, asked to wait until they receive an application pack from the Licensing Authority before applying. Application packs will be sent to all existing licence holders in good time to make applications, on a Community Area basis.
Packs will go to:
Area 1 Malmesbury - February
Area 2 Wootton Bassett/Cricklade - March
Area 3Chippenham - April
Area 4 Corsham - May
Area 5 Calne - June
An applicant may request an application pack or down load one from northwiltshire.gov.uk at any time. Requests for application packs will be dealt with as they are received.
What can I do if my application is refused or varied in a way that I do not like?
Appeals against the decision of the Licensing Authority must be made to the Magistrates Court, Avenue La Fleche, Chippenham within twenty-one working days of being notified of a decision.
Can anyone else appeal against a decision of a Licensing Authority?
Yes. Anyone who made a relevant representation to the Licensing Authority may appeal to the Magistrates Court in respect of any Premises Licence granted or varied by the Licensing Authority. However, only the police can appeal decisions about Personal Licences.
I have a new premises or a premises that is not currently licensed. When can I apply for a licence?
If you wish to operate your premises before the 2nd Appointed Day (currently 7th November 2005) you will need to apply to the Licensing Magistrates and/or Local Authority for a Liquor/Public Entertainment/Theatre/Cinema/Club Licence, as is done at present. Application for premises which currently operate without the need for a licence, (those where hot food is served after 11:00pm), will need to be made at least two months before the 2nd Appointed Day. North Wiltshire District Council will be contacting premises which fall into this category to advise them of the need to apply for a Premises Licence during the Summer of 2005.
How do I object to the granting of a licence?
The Licensing Act 2003 allows responsible authorities (fire, police, etc), and interested parties to make representation to a Licensing Authority about the granting or variation of a Premises Licence.
An interested party is defined as:
a. a person living in the vicinity of the premises
b. a body representing persons who live in that vicinity
c. a person involved in a business in that vicinity
d. a body representing persons involved in such businesses
The term `in the vicinity` is not defined in the Licensing Act 2003 and North Wiltshire District Council has not sought to define it in its Licensing Policy. What does constitute `in the vicinity` will ultimately be determined by the Courts. In the meantime, persons or bodies claiming to be interested parties will need to demonstrate how they are likely to be affected by the licensable activity at the premises concerned. Each case will be looked upon on its merits and, whilst people who live or work within a few hundred yards of a premises are likely to be deemed to be `in the vicinity`, those who live several miles away will only be deemed to be so in exceptional circumstances such as outdoor pop festivals.
An interested party is defined as:
a. a person living in the vicinity of the premises
b. a body representing persons who live in that vicinity
c. a person involved in a business in that vicinity
d. a body representing persons involved in such businesses
The term `in the vicinity` is not defined in the Licensing Act 2003 and North Wiltshire District Council has not sought to define it in its Licensing Policy. What does constitute `in the vicinity` will ultimately be determined by the Courts. In the meantime, persons or bodies claiming to be interested parties will need to demonstrate how they are likely to be affected by the licensable activity at the premises concerned. Each case will be looked upon on its merits and, whilst people who live or work within a few hundred yards of a premises are likely to be deemed to be `in the vicinity`, those who live several miles away will only be deemed to be so in exceptional circumstances such as outdoor pop festivals.
How and when can I object?
When an application is made the applicant must advertise his application in a local newspaper and post a notice outside his premises. Interested parties may then make representations to the Licensing Authority by:
Writing to or visiting:
The Licensing Officer
North Wiltshire District Council
Environmental Health
Monkton Park
Chippenham
Wiltshire
SN15 1ER
Telephoning: 01249 706111
Emailing: Licensing@northwilts.gov.uk
Faxing: 01249 443943
A relevant representation must be made within twenty eight days of the application being made.
Writing to or visiting:
The Licensing Officer
North Wiltshire District Council
Environmental Health
Monkton Park
Chippenham
Wiltshire
SN15 1ER
Telephoning: 01249 706111
Emailing: Licensing@northwilts.gov.uk
Faxing: 01249 443943
A relevant representation must be made within twenty eight days of the application being made.
What can I object about?
In order for a representation to be considered it must be relevant to the application being considered. A relevant representation is defined as a representation which:
a. Is about the likely effect of the grant of a Premises Licence or Club Premises Certificate or the promotion of the licensing objectives and
b. Has come from a responsible authority or interested party.
Amongst the things about which relevant representations might be made are:
Noise from the premises affecting nearby residences
Criminal damage caused by customers of the premises
The risk of children coming to harm at the premises
Things that will not be considered relevant include:
That the premises will be in competition with other similar venues
That the proposed colour scheme is not in keeping with the area
The premises is a traditional pub and that is how we want it to stay
These things may be matters for the Planning Authority, but they are not licensing matters.
Similarly, in order to be relevant, the effect must be likely, not just possible.
No-one other than the police may object to the granting of a Personal Licence.
a. Is about the likely effect of the grant of a Premises Licence or Club Premises Certificate or the promotion of the licensing objectives and
b. Has come from a responsible authority or interested party.
Amongst the things about which relevant representations might be made are:
Noise from the premises affecting nearby residences
Criminal damage caused by customers of the premises
The risk of children coming to harm at the premises
Things that will not be considered relevant include:
That the premises will be in competition with other similar venues
That the proposed colour scheme is not in keeping with the area
The premises is a traditional pub and that is how we want it to stay
These things may be matters for the Planning Authority, but they are not licensing matters.
Similarly, in order to be relevant, the effect must be likely, not just possible.
No-one other than the police may object to the granting of a Personal Licence.
If there are problems once a licence is granted can I do anything about it?
Yes. A responsible authority or an interested party can apply to the Licensing Authority at any time after a licence comes into effect for the licence to be reviewed. The Licensing Authority may reject any application for review if the grounds for review are not relevant to one of the licensing objectives. It can also reject an application for review if the application is either frivolous, vexatious or repetitious.
For further information about reviews please contact The Licensing Team on 01249 706111.
For further information about reviews please contact The Licensing Team on 01249 706111.
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