A Responsible Authority or “Interested Party” may apply to the Licensing Authority for a review of a premises licence. A Responsible Authority is defined in the Act by section 157. An “Interested Party” is defined in the Act by section 158 as, in the opinion of the relevant licensing authority, a person who;
(a) lives sufficiently close to the premises to be likely to be affected by the authorised activities,
(b) has business activities that might be affected by the authorised activities, or
(c) represents persons who satisfy (a) or (b).
Prior to making an application for a review, Interested Parties and Responsible Authorities may wish to consider whether their concern(s) could be effectively dealt with outside the formal review process. This could involve, for example:
Talking to the premises licence holder to determine whether there are any steps that could be taken to rectify the situation.
Asking their local MP or Councillor to speak to the premises licence holder on their behalf.
Talking to the “relevant” Responsible Authority (e.g. the Police in relation to crime and disorder) to determine whether there is other legislation that may help to resolve the issue.
Things you may wish to consider when making an application for Review.
It may be helpful to obtain the backing of other people living, or businesses operating, in the vicinity of the premises, or other “Responsible Authorities” such as the Police, Fire and Customs and Excise.
If you wish to ask another person to represent you at the review it is advisable to make such a request in writing so that the individual can demonstrate that they were asked. It will then be a matter for that individual to decide whether they should agree to your request.
You need to be able to back up your application with information supporting it, for example crime statistics. You could also back up your claims by keeping a diary over a period of time.
An application for a review must be made to the relevant Licensing Authority, that is, the authority within whose area the premises are situated. To make an application for the review of a premises licence, you must:
Complete a prescribed application form and submit it to the Licensing Authority stating the reasons why a review is being requested, together with supporting information and documents.
Send a notice of the application to the premises licence holder and all Responsible Authorities, within seven days of making your application to the Licensing Authority.
If the notice is not served correctly the Licensing Authority may not grant a review application until the notice requirements have been adhered to.
Representations must be made within 28 days, commencing seven days after the date on which the application was received. During these seven days the Licensing Authority is required to publish notice of the application by means of displaying a notice at or near the premises that is subject to review, and on the website of the Licensing Authority, for the full 28 consecutive days.
The Licensing Authority must carry out the review as soon as possible after the 28 day period for making representations has passed. The purpose of the review will be to determine whether the Licensing Authority should take any action in relation to the licence. If action is justified, the options open to the Licensing Authority are:-
add, remove or amend a licence condition imposed by the Licensing Authority;
exclude a default condition imposed by the Secretary of State (e.g. opening hours) or remove or amend such an exclusion;
suspend the premises licence for a period not exceeding three months; and
revoke the premises licence.
In determining what action, if any, should be taken following a review, the Licensing Authority will have regard to the principles set out in section 153 of the Act, as well as any relevant representations. In particular, the Licensing Authority may also initiate a review of a premises licence on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them.
Once the review has been completed, the Licensing Authority will, as soon as possible, notify its decision to:
the licence holder
the applicant for review (if any)
the Gambling Commission
any person who made representations
the Chief Officer of Police or Chief Constable; and
her Majesty’s Commissioners for Revenue and Customs
Gambling operators require an operating licence and any relevant personal licences from the Gambling Commission.
Operators have to obtain a premises licence from the council and any decisions made by either body must be made in accordance with the three licensing objectives:
Preventing gambling from being a source of crime and disorder
Ensuring that gambling is conducted in a fair and open way, and
Protecting children and other vulnerable persons from being harmed or exploited by gambling.
Both the licensee and the objectors can appeal to Magistrates’ Court against a decision made by the Licensing Panel within 21 days of us making a decision.
