Making a Review Request of a Premises Licence or Club Premises Certificate
What grounds can be used for a Review Request?
If you wish to request a licence review then the problem must relate to one of the licensing objectives.
|The four licensing objectives are:
- Crime and disorder: This relates to any crime, disorder or anti-social behaviour related to the management of the premises. The licence-holder cannot be responsible for the conduct of individuals once they leave the vicinity of the premises.
- Public safety: This relates to the safety of the public on the premises, such as fire safety, lighting and fire exits
- Prevention of public nuisance: This can relate to hours of operation, noise and vibration, noxious smells, light pollution and litter.
- Protection of children from harm: This relates to protecting children from the activities carried out on the premises whilst they are on the premises. The law does provide specific protection for children, such as making it illegal for children under 18 to buy alcohol.
How to Request a Review?
We strongly advise that before completing a review application you contact a Licensing Officer to discuss the matter either by telephone 01372 474750 or by |email.
- |Premises or Club Premises Certificate Review Request form
- complete and submit online - |Premises or Club Premises Certificate Review Request form
- download, complete and return - |Guidance notes - Representation and Review Requests
- |Advice leaflet - Representations and Reviews
- Contact the |Environmental Health & Licensing Division
What happens to my Review Request?
The law requires that if a Request for a Review, is considered by the Council to be frivolous or vexatious (see |guidance notes), then it will be denied and there is no appeal against such a decision. A request for a review can also be denied if it repeats the grounds of a previous review (see |guidance notes). Reviews on similar grounds would not normally be permitted within 12 months of a previous review. Review requests can also be rejected on the grounds that they are not relevant to the |four licensing objectives (listed above).
A valid review request is required to go before a Sub-Committee of three Councillors. Licensing Officers usually give a background report on the premises but will not make recommendations.
Please note that Licensing Officers are not able to work on behalf of representors.
The Licensing Sub-Committee may:
- grant a licence with or without additional conditions
- exclude from the licence a licensable activity
- revoke or suspend for up to 3 months an existing licence
- or reject the application or review request.
There is no power to grant a licence for a limited trial period.
The applicant and anyone who lodged a representation may appeal, against the decision of the Council, to the Magistrates Court.
Other Courses of Action
The Licensing System is not the only way of regulating licensed premises and other legislation may apply. The Act should not duplicate other legislation and legislation to control |noise problems, |health and safety at work or |fire safety may be more appropriate to deal with a particular problem.
