Comment on a licensing application
Any person, body or business can make comments about an application for a new premises licence or club premises certificate, as well as applications to vary or review a licence or club premises certificate.
Any comments received are called representations and must be made in writing and be relevant if they are to be considered by the licensing authority.
Representations can be either for or against the proposals in an application and must be received within the 28-day consultation period. This period starts the day after the application has been received by the licensing authority and will be advertised on the notice at the premises and in the newspaper advert, which applicants are required to publish.
To be relevant, representations need to be based on one or more of these licensing objectives:
- the prevention of crime and disorder
- the prevention of a public nuisance
- public safety
- protection of children from harm.
When submitting a representation, you should state clearly the reason for objection and which licensing objective it relates to.
Representations must not be vexatious or frivolous. Where a representation is received, it is for the licensing authority to decide whether it is relevant. If the licensing authority decides that a representation is not relevant, the person making the representation will be advised of this and the reasons why.
Representations are not treated as confidential and your name and address will be included in the public report and be given to the applicant. If you wish your name and address details to be withheld, then please contact your local councillor who may be able to make representations on your behalf.
Members of the public are invited to contact the relevant licensing authority to discuss the issues with an application before submitting any representations.
What happens once you submit a comment
If your concerns cannot be resolved through mediation, a hearing will be arranged so the application can be decided by the Licensing Sub-Committee. You will be advised of the hearing at least 10 working days before the hearing is to take place and will be invited to attend. If you are unable to attend the hearing your written representation will be considered by the Licensing Sub-Committee.
Any person that made a relevant representation can appeal against a decision to grant the licence, against any condition imposed, or decisions regarding variations, licensable activity/activities or premises supervisors. Appeals should be made to the Magistrates Court within 21 days of being notified of the licensing authority's decision.
Problems with a licensed premise
You should contact the relevant licensing authority in the first instance to discuss the problems you are experiencing. Under the Licensing Act 2003, anyone that experiences problems from a licensed premise that can be linked to one or more licensing objectives, for example noise disturbances or anti-social behaviour, may be able to submit a formal application asking for a licence to be reviewed. When submitting a representation, those making representations will be expected to be able to provide evidence of the problems they are experiencing. It is therefore suggested that you contact the relevant Licensing Authority to discuss your concerns before submitting a review application.
If a review is held and you are unhappy with the outcome, any party to the Review application may appeal the decision. Appeals should be made to the Magistrates Court within 21 days of being notified of the licensing authority's decision.
Further information can be found in the revised guidance issued under section 182 of Licensing Act 2003