Problem Premises
What do I do if a Licensed Premises cause problems?
Once a Premises Licence has been granted, if things go wrong first try talking to the manager of the premises and try to arrange an amicable informal solution.
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 that may apply
The licensing system is not the only way of regulating licensed premises, for example:
- If the premises are newly converted it may be that |planning permission was required and that conditions were attached to the permission which are not being adhered to.
- For problems regarding noise please view our |our noise advice web pages.
- If the problem relates to safety contact the |Fire Prevention Officer or our |Health and Safety Inspectors.
- If under age drinking is taking place contact |Surrey County Council's Trading Standards.
- If the problem is rowdiness, vandalism, drunkenness etc. then you should contact |the Police.
Premises Licence Reviews
If a premises continues to cause problems, and these relate to one of the four licensing objectives (listed below), then any |'Interested Party' or |'Responsible Authority' may apply to the Council for a Review of Premises Licence.
What grounds can be used for a review?
The Licensing Act 2003 is based around the following four objectives:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm.
Reviews must relate to these issues and not to other irrelevant issues e.g. the felling of trees subsequent to the grant of a licence.
How is a review request or a representation made?
If you wish to make a representation:
- Contact the |Environmental Health & Licensing Division for further advice
- or |download and complete a representation form
Representations must be made in writing and may be amplified at the subsequent hearing. E-mailed or faxed representations cannot generally be accepted.
See |representation or premises review guidance leaflet for further information.
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:
The Licensing Authority has no power itself to make a representation against (object to) any licence or variation application or to call in a contentious application so that it can be considered by a licensing sub-committee. It cannot itself initiate a review of a Premises Licence. Other parts of the Council such as the Planning Division or the Environmental Health Division (acting in their Pollution Control role) may be able to make representations or request a Premises Review and they would then be treated as any other representor.
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 if it:
- is considered by the Council to be frivolous or vexatious - there is no appeal against such a decision;
- repeats the grounds of a previous review - reviews on similar grounds would not normally be permitted within 12 months of a previous review; or
- they are not relevant to the four licensing objectives listed above.
Once a request for a review of a Premises Licence has been received and has been deemed to be valid, 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 representation 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.
