A review is an objection, complaint, concern or evidence gathered regarding the activities of licensed premises (such as pubs, clubs, off licences, takeaways). For example, licensed activities taking place outside the permitted hours, volume of entertainment, music excessively loud, or selling alcohol to someone who is drunk, or to children.
Evidence is anything you see or hear (preferably backed up by another person) which must be recorded, for example in writing (detailed diary logs), photographs, video, tape recordings, including dates and time.
Any interested party or responsible authority (or a member of a club – CPCs only) can apply for a review of a premises licence or club premises certificate at any time. An interested party could be a resident or local business that’s affected, a responsible authority could be the police, fire brigade or a council service such as Environmental Health or Trading Standards.
The grounds for review must be in relation to one or more of the licensing objectives:
- crime and disorder
- public nuisance
- public safety
- protection of children from harm.
Any ground for review will be rejected if it is not relevant to one or more of the licensing objectives, or if it is frivolous, vexatious, or repetitious.
The applicant must give their application, including all related documents, to the licensing authority. A copy of the application and related documents must be submitted to each responsible authority and also to the licence holder (club), on the same day it is given to the licensing authority.
The licensing authority will then advertise notice of the application in the vicinity of the premises, inviting further representations from interested parties and responsible authorities (and club members). Representations can only be made within a period of 28 consecutive days after receipt of the application.
The notice of application will also be displayed at Church Square House and the Information, Advice and Guidance Hub nearest the premises or club between 9.30am and 4.30pm Monday to Friday. The notice will also be advertised on the council’s website.
A hearing must be heard by the Licensing Sub-Committee. The sub-committee have several options available to them, which are:
- take no action
- modify conditions
- exclude activities
- remove the DPS
- suspend licence for a maximum of three months; or
- revoke licence (withdraw certificate).
An appeal may be made against the committee’s decision by the applicant, the licence holder (club), or anyone who made representation, by Notice of Appeal to the Magistrates Court within 21 days of notification of the decision of the licensing committee.
Downloadable application form