Making a Representation
The Responsible Authorities or any other person are entitled to make a representation about an application for a Premises Licence or a Club Premises Certificate, providing it is relevant to one or more of the four licensing objectives:
- the prevention of crime and disorder
- public safety
- prevention of public nuisance
- the protection of children from harm
If a representation is made, the Council’s Licensing Sub Committee will determine the licence application at a hearing. The Committee is comprised of elected Members of the Council.
The applicant will be invited to attend the meeting to give evidence, answer questions, and call any witnesses. The Committee will listen to evidence from both sides before deciding whether to grant the application. They may:
- grant it as requested;
- grant it with conditions (provided these are relevant to the licensing objectives); or
- refuse it.
If you wish to make a representation you can use the following link to either complete the form online then email to us, or print a copy to complete by hand.
|Representation Form - MS Word 341 kb|
Why must I complete this form?
While we can accept any written representation, we ask that you complete this form in order to assist the Licensing Sub Committee at the hearing.
Representations made under the Licensing Act 2003 must be made public, and by signing this form you give permission for your details to be disclosed. That is why we ask you to complete this form even if you have already made a written representation.
Many petitions cannot be taken into account due to the way they have been completed. The council can only consider the following layout:
- an outline of the main issues of concern at the top of each page of the petition;
- a column allowing each person who signs the petition a chance to add why they wish to object;
- each person must write their full name and address, the date and their signature.
The petition must be attached to an Interested Parties Objection form. The person who makes the representation must complete the form.
Period of Representation
Representations must be submitted to the council within a period of 28 consecutive days, starting on the day after the day on which the application was received.
If the council considers that a representation is relevant, it must hold a hearing to consider it, unless all those involved agree that this is unnecessary. If no representations are made, a licence or variation must be granted, subject to mandatory conditions.
For a representation to be relevant it must:
- relate to the effect of the granting of the licence on the promotion of the licensing objectives,
- be made by an Interested Party,
- not have been withdrawn,
- not be frivolous or vexatious.
A representation from an Interested Party is irrelevant if it does not directly relate to the application and to the promotion of the licensing objectives. A representation relating to general crime and disorder in an area will be deemed irrelevant if it cannot be linked positively to the particular premises.
Frivolous and Vexatious Representations
A representation from an Interested Party is deemed frivolous or vexatious if it fails to meet any of the following criteria:
- justifiable cause,
A repetitious representation is one that:
- is based on a ground for review specified in an earlier application for review that has already been determined;
- is identical or substantially similar to a representation already considered by the council;
- has already been considered irrelevant, frivolous or vexatious by the council.
Unfortunately, representations about traffic or planning cannot be accepted. This is because the licence holder cannot be held responsible for the use of the public highway outside of the premises.
The licensing regime is separate from other local government functions, including the planning department. If a Premises Licence is granted for a building, this will not exempt the licence holder from having to obtain the necessary planning permission. We are therefore unable to accept representations that simply refer to the need for planning permission.
Reviewing a Licence
An Interested Party can request a review of the licence at any stage on grounds relating to the licensing objectives. This can lead to the modification, suspension or revocation of the licence. The Licensing Act 2003 makes provision for a right of appeal to a magistrate's court against the council’s decision.
If you are dissatisfied with a decision made by the Committee, you may appeal to the Magistrates’ Court within 21 days of receipt of the Committee’s decision.