Licensing representations, complaints or reviews
Find information on this page to make a complaint about a licensed premises, comment on current licensing applications, or apply for a review of a licence.
Make a complaint about a licensed premises
To make a complaint about a licensed premises or the effect of a particular licensed premises, email licensing@horsham.gov.uk .
For all complaints we need as much detail as possible, including the:
- Premises name and address
- Details of the issue or incident that has caused you to complain
- Date, time and day the incident occurred
- Your details, including a contact email address or telephone number
We will review your complaint and investigate appropriate. Depending on the severity of the incident you may also wish to report it to the police on 101 or 999.
Representations on current applications
To make a representation on a current licensing application visit our View and comment on current licensing applications page.
Apply for a licensed premises review
Under the Licensing Act 2003, a responsible authority or other person may apply to the Licensing Authority for the review of a premises licence or club premises certificate because of a matter arising at the premises in connection with any of the four licensing objectives:
- the prevention of crime and disorder
- public safety
- the protection of children from harm
- the prevention of public nuisance
The representation must be relevant to the likely effect on the promotion of the licensing objectives. Speculation or submissions of a frivolous or vexatious nature will not be considered relevant.
Allowing licence reviews is a key part of community protection, especially where problems associated with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring.
Before you start a formal review
It is good practice to give licence holders early warning of any concerns and consider whether your concerns could be effectively dealt with outside of the formal review process, perhaps by taking steps such as:
- Talking with the licence or certificate holder to establish whether there are any steps they may be willing to take to rectify the situation
- Asking the Licensing team to talk to the licence holder on your behalf
- Asking your local MP or Councillor to speak to the licence holder on your behalf
- Talking to the relevant responsible authority (for example, public protection in relation to noise nuisance or the police in relation to crime and disorder) to establish whether there is other action that can be taken to resolve the problem
A failure to respond to such warnings would lead to a decision to request a review.
Only responsible authorities or other persons may seek a review of a premises licence. In the case of club premises certificate, this includes members of the club.
The responsible authorities are:
- The Chief Officer of Police;
- The Fire Authority;
- The local enforcement agency for the Health & Safety at Work etc Act 1974 (either the local authority in some cases or Health and Safety Executive for others);
- Environmental Health;
- Trading Standards;
- The Planning Authority;
- Social Services;
- The Primary Care Trust;
- The Licensing Authority
To apply for the review of a premises licence or club premises certificate, complete the application form and send it to our Licensing team.
Licence review application form
On the same day as you send it to us, you must send copies of the application to all of the responsible authorities and the holder of the licence or certificate.
After you apply, the following steps will be taken:
- We as the Licensing Authority will consider whether the reasons for a review are relevant to the licensing objectives. We must be satisfied that the application is not frivolous (lacking seriousness) or vexatious (for example, arising from a personal rivalry or dispute), or repetitious (identical or substantially similar to a ground for review or representation that has already been considered)
- If the review is considered relevant, we will make arrangements for the display of a notice for review of the licence
Any representations must be sent to no later than the last date specified in the notice. We cannot consider later representations.
Once the review period closes, copies of any representations received will be sent to the holder of the premises licence or club premises certificate and arrangements will be made for the Council’s Licensing Sub-Committee to hear the application and representations. Hearings will take place in public, although the Sub-Committee may, in certain instances, decide that it is in the best interest of the public to hold the hearings in private.
The details of all representations (including names and addresses) will be included in a report that will be prepared by Licensing officers. These reports are public documents and the Council is required to publish them.
The applicant for the review, the holder of the licence or certificate, any responsible authorities and/or persons will be invited to attend the hearing. Any party to the proceedings will be able to be assisted or represented by any person at the hearing, regardless of whether or not that person is legally qualified.
Details of the hearing will be sent to all those involved at least 10 working days before the day of the hearing.
The applicant for review, other persons and responsible authorities must give notice to the Licensing Authority at least 5 working days before the start of the hearing stating:
- Whether they will attend the hearing in person;
- Whether they will be represented by someone else (e.g. lawyer / councillor / MP);
- Whether you think a hearing is unnecessary (if, for example, parties have reached an agreement before the formal hearing);
- Any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application.
Representations can be withdrawn by way of giving notice to the Licensing Section no later than 24 hours before the day of the hearing or in person on the day of the hearing.
Following consideration of the application, the Sub-Committee may:
- Decide that no action is necessary to promote the licensing objectives
- Modify or add conditions to the licence
- Exclude a licensable activity from the licence
- Remove the designated premises supervisor
- Suspend the licence for a period (not exceeding 3 months)
- Revoke the licence
The Licensing Sub-Committee can still consider the application and any representations in the absence of any party.
The Sub-Committee can either make a decision at the end of hearing or have up to a maximum of 5 days from the day of the hearing, or the last day of the hearing, to come to a decision.