Contact Details

Elmbridge Borough Council
Civic Centre,
High Street,
Esher,
Surrey,
KT10 9SD
Tel: 01372 474474
|General Enquiry

What to do if a Licensed Premises Causes Problems

Image of gavelProblem Premises

Occasionally, once a Premises Licence has been granted, things may go wrong. In the first case, we suggest that you talk to the manager of the premises to try to arrange an informal resolution.

If you have a complaint about any activities allowed under a Premises Licence, the |Environmental Health & Licensing Division will try to help you resolve it. Even though some complaints may not be the Council's responsibility we can advise who you should contact.

Other Legislation

The licensing system is not the only way of regulating licensed premises. Other legislation may apply:

Premises Licence Reviews

If a premises continues to cause problems, and these relate to one of the four licensing objectives (listed below), then anyInterested Party or Responsible Authority (definitions below) may, at any time, apply to the Council for the review of a Premises Licence.

What grounds can be used for a Review?

The Licensing Act 2003 is based around the following four objectives:

Reviews must relate to these issues and not to other irrelevant issues, such as, the felling of trees subsequent to the grant of a licence. Representations must be made in writing and may be amplified at the subsequent hearing.

How is a Review Request or a Representation made?

If you wish to make a representation, please contact the |Environmental Health & Licensing Division for further advice, or |download and complete a representation form.

Representations must be made in writing. E-mailed or faxed representations cannot generally be accepted.

For further guidance on making a representation see our |Guidance Leaflet.

Who can request a Review or lodge a Representation about one?

The legislation defines those who can request Reviews or make Representations as the following:

'Interested Party'

'Responsible Authority'

There are rules that govern how a review may be lodged. This includes sending copies to all the Responsible Authorities and the Premises Licence holder on the same day as the request is lodged with the Licensing Authority. If these rules are not followed the request may be deemed to be invalid.

Note: Licensing Officers are not able to work on behalf of representors to help them to prepare their representations or speak on their behalf.

What happens to my Review Request?

A Request for Review can be denied:

Once a request for a review of a Premises Licence has been received and has been deemed to be valid then it will be advertised for 28 days at the Civic Centre and in the vicinity of the premises in question.

Any other Interested Party or Responsible Authority can then make representations regarding the request. It is not a legal requirement to use |our downloadable form however, it will assist you as it guides you through all relevant information needed.

At the end of the 28 day period a valid Review Request will go before a sub-committee of three Councillors who will hear the matter and the representations. Licensing Officers will usually give a background report on the premises but will not make recommendations.

Related Pages:
 
Entertainment licences
   |Applying for a Licence (Pages)
   |How do I object to an Alcohol Licence Application? (FAQ)
   |Licensed Premises within Elmbridge (A - Z )
   |Licensing - Vary or Transfer Premises Licence or Specify DPS (Pages)
   |Licensing Act 2003 (Documents)
   |Licensing Leaflets (Pages)
   |Licensing Template - Advertising Premises or Club (Documents)
   |Offences - Licensing Act 2003 (A - Z )
   |Recent Licence Applications (Documents)
   |Temporary Event Notices (Pages)