Apply for a premises licence review
Apply for a licence review
You can apply for a licence review if a licensed premises such as a pub, club, cafe or shop is causing problems and as a result undermining the core licensing objectives.
An application to review a premise's licence must be based on one of the following licensing objectives:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm.
In every case, the representation must relate to the particular premises for which a licence or certificate is in force and 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.
The Statutory Guidance issued by the Secretary of State in accordance with the Act (“the Guidance”) considers that the procedures to allow a review of a licence represent a key protection for a community where problems associated with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring.
It should be noted that the Guidance recognises that the promotion of the licensing objectives relies heavily on a partnership between licence holders, authorised persons, other persons and responsible authorities in pursuit of common aims. It is considered good practice for authorised persons and responsible authorities to give licence holders early warning of their concerns about problems identified at the premises concerned and of the need for improvement. It is expected that a failure to respond to such warnings would lead to a decision to request a review.
Similarly, in the case of other persons, consideration should be given to whether their concerns could be effectively dealt with outside of the formal review process. Such steps could include:
- 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 Section to talk to the licence holder on your behalf.
- Ask your local Councillor to speak to the licence holder on your behalf.
- Talking to the relevant “responsible authority” (e.g. 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
The Act specifies that only responsible authorities or other persons may seek a review of a premises licence and in the case of club premises certificate, this will also include members of the club.
There is no fee attached to this application.
Any applicant for the review of a premises licence or club premises certificate must fully complete the prescribed application form and send it to the Licensing Authority. On the same day as the application is served on the Licensing Authority, the applicant must send copies of the application to all of the responsible authorities and the holder of the licence or certificate.
The Licensing Authority must first consider whether the reasons for the review are relevant to one or more of the licensing objectives. Secondly, in the case of an application from any person, the Licensing Authority must be satisfied that the application is not frivolous, vexatious or repetitious.
Upon accepting the application, the Licensing Authority will make arrangements for the display of a notice of the application for review of the licence or certificate as follows:
- Depending on the circumstances, a notice shall be prominently displayed at, on or near the site of the premises so that it can conveniently be read from the exterior of the premises by the public;
- At the Council Offices, Springfield Road Horsham; and
- On our website the notice is required to be displayed for a period of 28 days, during which time, any responsible authority or other person may make a representation concerning the application.
Any representations from any person or responsible authority must be in writing and include details of the party’s full name and address. They should be sent:
By email: licensing@horsham.gov.uk
By post to:
Principal Licensing Officer, Licensing Team, Horsham District Council, Albery House, Springfield Road, Horsham, West Sussex, RH12 2GB.
Representations must be received by the Licensing Team no later than the last date specified in the notice, as the Act does not allow the Licensing Authority to consider late representations.
Any relevant application for review will be placed before the Licensing Sub- Committee for determination.
The application and all representations will form part of the hearing report pack and become public documents; entering the public domain, along with names and address details.
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 Licensing Sub-Committee can consider the application and any representations in the absence of any party.
Telephone: 01403 215407
Email: licensing@horsham.gov,uk