Premises licence review
Overview of process
A new premises licence review includes a statutory consultation period of twenty-eight days. During the consultation responsible authorities*, residents and businesses must be notified through formal advertising requirements and have the opportunity to make a representation for or against the application.
The review can be requested by any person, business, or responsible authority if they believe the current licence is not adequately promoting the statutory licensing objectives of:
- the prevention of crime and disorder
- the prevention of public nuisance
- public safety
- the protection of children from harm
The review requestor, and any person or business making a representation supporting the review must have evidence of how the licensing objectives are not being met. For example, police log numbers for crime and disorder, noise log sheets for public nuisance, etc. Witnesses can be called by any party to the hearing.
We will discuss the review application and any representations with you and assess the evidence against the local authority licensing policy and statutory guidance. This will enable us to attempt mitigation to resolve legitimate concerns raised through volunteered conditions, and dispute concerns that may be vexatious or false.
A review application must be determined by a licensing committee of local Councillors and we can provide representation at that hearing for you if requested.
The licensing committee must take a proportionate decision that involves the least intervention to resolve the issues. This means that, based on the evidence, they must start at no further action and progress through the following list until a resolution is deemed appropriate.
- Take no action
- Amend the operating schedule conditions by adding new, or amending existing, conditions
- Amend licensing timings or activities
- Remove the designated premises supervisor (DPS)
- Suspend the licence for up to three months
- Revoke the licence
* Police, Fire, Trading Standards, Environmental Health (Noise), Environmental Health (Health & Safety), Planning, Children Safeguarding Board, Licensing Authority, Public Health, Home Office (Immigration)
What we will do:
- Continue to mediate with the review requestor and others making representations up to the date of the licensing hearing
- Prepare documentation to address concerns raised for presentation at the hearing
- Discuss with you possible licence conditions or amendments to licensing timings and activities (if appropriate) to address objections
- Brief you on your oral submission for the licensing hearing
- Act as your representative at the hearing and be your main spokesman to the Councillors
- Highlight any appropriate case law, statutory guidance, or local authority licensing policy that supports your application
- Attend the hearing (whether virtual or in person) with you
- After the decision, if unsuccessful, practical and clear advice on next steps e.g. formal appeal to the Magistrates Court
What's not included:
- Representation at a Magistrates Court appeal (although this additional service could be provided upon request)
