This webpage is designed to assist those interested parties who feel they may be adversely affected by a licensing application or an existing licensed premises to make representations to the Council.
General advice and information for interested parties is given below.
The Licensing Act 2003 significantly changes the licensing laws relating to the sale and supply of alcohol, late night refreshment outlets, regulated entertainment and private members and social clubs. The new system is the responsibility of the Council who deal with applications for licences and representations from those who may be affected by the proposals. One of the main aims of the new licensing system is the introduction of more proportionate regulations to give businesses greater freedom and flexibility to meet customers expectations, for example by extending or altering opening hours. The new system also aims to provide the necessary protection for local residents whose lives can be blighted by disturbance and anti-social behaviour associated with those visiting licensed premises.
Where an applicant wishes to vary the conditions of their current licence, interested parties can make representations (this will also be the case for totally new applications).
An “interested party” means:
- A person living in the vicinity of the premises
- A body representing persons who live in the vicinity
- A person involved in a business in that vicinity
- A body representing persons involved in such business
Representations may be made on behalf of the above by a representative e.g. MP, solicitor, or a friend.
Interested Parties will be made aware of applications through notices displayed at the premises in question and a public notice in the local newspaper. These notices must include relevant information including time limits for representations to be made and where the full application details can be viewed.
In most cases representations must be made within 28 days of the application being made.
Representations must not be frivolous or vexatious and must be relevant to at least one of the four licensing objectives:
- The Prevention of Public Nuisance
- Public Safety
- The Prevention of Crime and Disorder
- The Protection of Children from Harm
You can be fined up to £5,000 if you make a false statement in respect of a representation.
If a relevant representation is made (unless any agreement can be reached beforehand) a hearing of the Council’s Licensing Act 2003 Sub-Committee will be held to consider the representation. At this hearing relevant parties will be invited to comment on the representation made. The interested party may choose to rely on their written representation if they so wish.
If you wish to withdraw any representations you may do so confirming this in writing, providing you do so no later than 24 hours before any hearing, or otherwise orally at the hearing.
If problems arise following the granting of a licence, interested parties can apply for a review of the licence. The procedures followed will be very similar to that of above.
A right of appeal to the Magistrates’ Court is provided for the applicant against a decision by the Licensing Authority.
