If you feel that a licensed premises is causing you regular problems, you have the right to apply for the licence to be reviewed.
If your application for review is valid, we will advertise the review and invite representations from the responsible authorities and any other person. We will then hold a hearing with the Licensing Sub Committee where you can put your case forward.
You can request a review of a licensed premises if:
- your grounds for review relate to the failure of the premises to address one or more of the four licensing objectives
- your request is not repetitious, frivolous or vexatious
Read more about the four licensing objectives
Our four licensing objectives are:
- The protection of children from harm
- The prevention of public nuisance
- The prevention of crime and disorder
- Public safety
Read more about repetitious, frivolous or vexatious complaints
We may reject a review if we deem it to be repetitious, frivolous or vexatious.
If your application for review is rejected for any of these reasons, we will write to you and explain our decision and the reasons for it. If you are unhappy with a decision, you may apply to the High Court for a judicial review of our decision.
Repetitious complaints
A repetitious complaint is a complaint that is identical or substantially similar to:
- a representation that was made when the licence was originally being decided
- a ground for review that has already been considered by the Council
- a representation about a provisional statement which was excluded
Grounds for review that we reject because they are repetitious will become valid after a “reasonable interval” has elapsed. This "reasonable interval" will generally be 12 months, except in particularly compelling circumstances.
Frivolous complaints
A frivolous complaint is a complaint that is trivial. For example, a complaint about a noisy New Year's Eve party at a premises that has not created any disturbance for the past 10 years.
Vexatious complaints
A vexatious complaint is a complaint that is not genuine. For example, a complaint that is made as a result of a different dispute between neighbouring residents or businesses.
Apply for a licence review
To request a licence review of a premises licence, you need to complete an application form and send this to us by email at licensing@bathnes.gov.uk
If you submit the review application to us by email, we will contact the responsible authorities on your behalf.
However, if you want to submit your application by post or in person, you will also need to send a copy of your review application to all of the responsible authorities. Your application will not be valid unless you do this.
Details you need to include
You need to explain your concerns as fully as possible and use examples if you can. You also need to link the problems you are experiencing to one or more of the four licensing objectives.
For example, if you were kept awake every night by loud music, this would be to do with the prevention of public nuisance.
You should also be able to tell us what you would like to be done about it. For example, the premises closing earlier on week nights, or a noise limiter fitted to music equipment.
What happens next
If your application is accepted, we will advertise the review by putting up notices outside the premises and in the licensing office for 28 days. This will give other interested parties the chance to have their say too.
After the 28 days, we will arrange a hearing. We will notify you of the hearing at least 10 working days before so that you can attend.
At the hearing, you, the licence holder and any other interested parties will get the chance to have their say. You need to stick to what you have written in the application form and not raise new issues or evidence.
The Licensing Sub Committee will then decide to do one of the following:
- Leave the licence as it is
- Modify the licence conditions
- Exclude a certain activity from the licence
- Remove the Designated Premises Supervisor
- Suspend the licence for a period of not more than three months
- Revoke the licence
After the hearing
After the hearing, we will notify you of the decision in writing and you will have the opportunity to appeal to the Magistrates' Court within 21 days of receiving the decision.
Any decision we make at the hearing will not take effect until the 21 day interval for requesting an appeal has passed, or until the Magistrates Court determines the appeal.