Current applications, making comments, complaints and reviews
Applications are removed after the closing date for representations. If representations have been received then the application will be decided by the Licensing Committee. All those who made valid representations will be invited to attend the hearing.
Making a comment
The protection of local residents is given a central place in the Licensing Act. When an application is made for a new licence, or a variation or review of an existing licence, other parties are free to make relevant and reasonable representations (comments).
Your representation must be in writing (email correspondence is accepted) and must include your full postal address. Only representations that are about the likely effect of the grant or variation of a premises licence on the promotion of the licensing objectives will be considered. Representations should focus upon matters that the owners of the premises may be able to have some effect upon, such things as where customers park their cars is beyond the control of the premises owner. Representations considered to be vexatious, frivolous or repetitious will not be considered. The Licensing Act requires that we pass your representation in full to the applicant.
The Licensing Act 2003 outlines four objectives which underpin the regime and must be considered when determining an application:
- the Prevention of Crime and Disorder
- public Safety
- the Prevention of Public Nuisance
- the Protection of Children from Harm
What happens after I make a representation?
Sometimes the applicant will contact you to see if they can satisfy your concerns by amending their application. If they are unable to resolve your concerns and if the licensing authority considers that the representations are relevant it must hold a hearing to consider those representations - unless all parties can come to an agreement beforehand, and agree that a hearing is unnecessary. You will be invited to the hearing.
Reviews, complaints and appeals
You can apply for a licence review if a licensed premises such as a pub, club, cafe or shop is causing problems.
If you have a problem with a licensed premises:
- in the first instance discuss the issues informally with the premises licence holder. In many cases they will not be aware of the problem and this will give them the opportunity to resolve the issues.
- if this does not lead to an improvement, then you should contact us.
If you have tried all of the steps, and are still experiencing problems, then you may be able to review the licence.
Who can apply for a review
- other persons, an individual, body or business which is not a responsible authority; or
- a responsible authority, Police, fire authority, health and safety enforcing authority, planning authority, local authority pollution officer, person responsible for the protection of children from harm, the local weights and measures authority, licensing authority, and public health.
Grounds for the review
A review must be about the licence holder's failing to promote one or more of the licensing objectives. These are:
- the prevention of crime and disorder (for example drug-related problems, disorder, drunkenness and anti-social behaviour)
- public safety (the physical safety of people using the venue)
- the prevention of public nuisance (for example noise from music, litter and light pollution)
- the protection of children from harm (including moral, psychological and physical harm)
How to seek a review
- you must download and complete the Licensing application form
- send the original application to the Licensing Authority
- on the same day you must send a copy of the form, which has your name and address on it, to the holder of the premises licence or to the club in question
- you must also send a copy to each of the 8 responsible authorities
- failure to notify the responsible authorities or the licence holder on the same day as us will make the application invalid.
Once you apply for a review there are 28 days during which responsible authorities and other persons may make representations to the review. At the end of this period you will have the opportunity to present your case to the Council's Licensing Sub Committee. The licence holder and any persons who made representations will also be able to speak and put forward their position. The Licensing Sub Committee will then determine the review.
You must be clear about what you are seeking to achieve with your review application, for example, imposition of conditions on to the licence or the removal of a licensable activity from the licence.
For further information on reviews, please contact the Licensing Team.