Review process guidance

Guidance

While many residents and visitors are enjoying what they see are the benefits of the deregulation of licensed hours, there may be others who feel they are adversely affected by the licensed trade. The Licensing Act 2003 provides for Responsible Authorities or any other person to apply for a review of any licence that has been granted.

The only reason anyone may ask for a review, is if one or more of the following the Licensing Objectives is being undermined. General issues such as parking are not grounds for review.

prevention of crime and disorder
prevention of public nuisance
public safety
protection of children from harm

The review will be carried out by one of the Council's Licensing Sub-Committees who will decide after considering the application and any relevant representations what if any steps to take. Licensing Officers will usually present a background report on the premises at the hearing but cannot work on behalf of objectors to help them to prepare their representations or speak on their behalf. They could be asked by any party at a hearing for confirmation of anything that they have first hand experience of.

There are a number of options available to the Sub Committee in determining the application:-

Do nothing
Modify the conditions of the licence
Exclude a licensable activity from the licence
Remove the Designated Premises Supervisor
Suspend the Licence for up to three months
Revoke the Licence

A relevant party to the review may appeal the Committees' decision at the Magistrates Court. The appellant will have to convince the Magistrate that the decision was not the correct one. If the Court considers there were insufficient grounds to support an appeal, costs may be awarded against whoever lodged the appeal.

Who can apply for review?

'Responsible Authorities'

Lancashire Police
Lancashire Fire and Rescue Service
Environmental Health
Health & Safety
Trading Standards
Planning Authority
Social Services
Licensing Authority
Director of Public Health

'Any other person'

An individual, body or business

How do I apply for a review?

It is essential that you collect evidence before you submit an application to demonstrate the issues you want the Licensing Authority to consider. You may want to keep logs/diaries of incidents which will all provide essential background information to support your application. Sound or video recordings may also be helpful.

As it may be a while before the hearing, it is good to keep a clear record of events. Residents or businesses applying for a review following a particular incident should be cautious, as a licensee may argue that this was a one off problem that can be rectified without a review.

You will not be allowed to introduce completely new evidence at the hearing but you may expand on whatever was contained in your application or representation.

If another Responsible Authority or other person makes representations in support of your application, they too will be able to provide evidence at the review hearing and so provide a fuller picture of the problems.

On receipt of an application from an Interested Party, the Licensing Authority must first consider whether the grounds stated are relevant to the licensing objectives and that they are not vexatious, frivolous or repetitious. If it is considered that the application falls into these categories then it may be rejected.

Once you have completed the form you must give a copy to the licence holder and each responsible authority on the day that you serve the application on the licensing authority.

What does frivolous, vexatious or repetitious mean?

Frivolous or vexatious will bear their ordinary meaning and it will be for the licensing authority to form a view as to whether representations are frivolous or vexatious. For example the Licensing Authority may find that the representations were vexatious is they arose because of a dispute between rival businesses or frivolous if they clearly lacked seriousness.

Repetitious means a representation that is identical or substantially similar to the grounds for a review in an earlier application which has already been determined; or representations made and considered by the Licensing Authority when the premises licence was first granted - unless a reasonable interval has elapsed since the grant or earlier review of the licence. Reviews on similar grounds will not normally be considered within 12 months of a previous review.

Filling in the form

In the opening statement you should give the name of the person applying for the review - e.g. 'John Smith'. You should also indicate whether you are applying for the review of a "premises licence" or "club premises certificate" by deleting, as applicable.

PART 1 - Premises or club premises details

This section asks for the address and some other details of the premises concerned in the review. If the premises has no postal address you should describe the location of the premises. You are also asked to give the name and number of the premises licence holder or club. This information should be available on the "Summary" of the licence or certificate, which will be displayed at the premises, or on request from the licensing department.

PART 2 - Applicant details

This section asks you to indicate in what capacity you are applying for a review. As an "interested party" you must be able to tick at least one of the boxes under (1), then complete section (A) - Details of individual applicant. If applicable section (B) - Details of other applicants (e.g. - another resident). Interested parties cannot apply for a review anonymously, even if somebody else is applying for a review on their behalf.

You should state the ground(s) for review, and provide as much information as possible to support the application. You may use extra sheets of paper if necessary. Details should include, for example, dates that problems occurred and how the problem affected you.

You should state whether you have made an application for a review relating to this premises before, and give details of any representations you have made previously relating to this premises.

Signatures

The application form must be signed. An applicant's agent (for example a solicitor) may sign the form on their behalf, provided they have authority to do so. Where there is more than one applicant, all applicants, or their respective agents, must sign the form.

Is there a fee to pay?

No. The Licensing Act 2003 (Fees) Regulations 2005 does not prescribe a fee for making representations, or applying for the review of a premises licence or club premises certificate.

What happens after I have made the application?

The Council must then advertise your application by displaying a notice on the premises in question, at Council offices and on its website. Notices must be maintained in all of these locations for the next 28 days, the statutory consultation period.

The licence holder, a responsible authority, or an interested party are all entitled to make representations either in favour of your application or against it, in writing to the Licensing Authority at any time during the consultation period.

At the end of this period the Licensing Authority will arrange for a hearing which should be held within 20 working days of the close of the consultation period, unless all parties agree that this is unnecessary.

You will be given at least 5 working day's notice of the date and time of the hearing along with a copy of the Councils' Hearing Rules and Procedures. As the person or body requesting the review, you are required to inform the Licensing Authority, at least 5 days before the start of the hearing, whether you will attending in person or are being represented by someone else (e.g. Councillor / MP / lawyer).

You are free to withdraw your application at any time, by notifying the Licensing Authority that this is your wish.

NB - A hearing can still go ahead in the absence of any party (e.g. - applicant or interested party)

What information will be on the Notice?

Notices advertising applications for reviews include:

The address of the premises subject to the review application
The dates between which interested parties and responsible authorities may make representations
The grounds of the application for review  That postal address and website address (if any) where the register of the relevant licensing authority is kept and where and when the grounds for the review may be inspected
That it is an offence knowingly or recklessly to make a false statement in connection with an application and the maximum fine for which a person is liable.

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