alcohol and entertainment
- licensing act 2003 explained

Department for Culture Media and Sport

making representations

The Licensing Act 2003 ("the Act") enables thorough scrutiny of applications both by experts and by local residents and businesses.

"Responsible authorities" such as the police, fire authorities, health and safety and environmental health authorities, and others, will be notified of every application for a new premises licence, or variation of existing licences. They will have the opportunity to make representations to the licensing authority about the effect of the application on the promotion of the licensing objectives of the application.

The Act also enables residents and businesses in the vicinity of the premises ("interested parties") to make relevant representations about any application for new or for variations to licences. This gives the local community a greater say than ever before in licensing decisions.

For a representation to be relevant it must be one that is about the likely effect of the application on the promotion of one or more of the four licensing objectives. Also, if the representation is made by an interested party it will not be relevant if the licensing authority considers it to be "vexatious" or "frivolous".

In addition, responsible authorities and interested parties will have the power to apply to the licensing authority for a review of an existing licence, on a ground relating to the promotion of one or more of the licensing objectives. Such a review can result in the modification of the licence, its suspension, or ultimately, revocation.

Also, the Act makes provision for rights of appeal against a licensing authority's decision to the magistrates' court (see Schedule 5 to the Act).

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Guidance documents for interested parties (e.g. residents) about how to make representations; how to appeal a licensing authority decision and how to apply for a review of a licence, are available separately.

Similar provisions apply in regards to applications for, or to vary, a club premises certificate and in respect of applications for a provisional statement.

Putting forward your views on applications for, or to vary, a premises licence

When applying for, or seeking to vary, a premises licence, an applicant must give notice of their application to each responsible authority by sending them a copy of the application, together with any accompanying documents, on the same day as the application is given to the relevant licensing authority. The applicant is also obliged to advertise his/her application in a local paper and place a notice of the proposed variation outside the premises for 28 days. Any residents or business operating in the vicinity of the premises which are the subject of the application will be able to make representations to the licensing authority about the application, if they wish to do so. This includes the ability to raise objections.

An interested party or a responsible authority has a period of 28 days in which to make representations to their relevant licensing authority. If the licensing authority considers that the representations are relevant it must hold a hearing to consider those representations (unless all agree that this is unnecessary). The licensing authority then has choices as to how it proceeds depending upon what is necessary for the promotion of the licensing objectives. It may:

Decide to grant or vary the licence in the same terms as it was applied for
Decide that it is necessary to refuse to issue or vary the licence
Decide to grant or vary the licence, but to modify the conditions
Exclude from the scope of the licence a licensable activity

If no relevant representations are made the licence or variation must be granted (subject to the mandatory conditions).

A similar approach is taken in respect of club premises certificates and provisional statements.

Requesting a review of a premises licence

An interested party or responsible authority can, at any time, apply to the licensing authority for a review of a premises licence on a ground relating to one or more of the licensing objectives. An application for the review of a premises licence or club premises certificate must be given in writing and be in the prescribed form. Licensing authorities may make provision for applications for reviews to be made electronically, but this should be agreed in advance.

The person or body requesting the review must notify the holder of the premises licence and each responsible authority of their request, by sending them a copy of the application for review, together with any accompanying documents, on the same day as the application is given to the relevant licensing authority. The licensing authority must advertise the application for the review and invite representations from responsible authorities and interested parties. An interested party or a responsible authority has a period of 28 days in which to make representations to the relevant licensing authority.

The licensing authority can reject any ground for a review if it considers it to be frivolous, vexatious or a repetition. If not rejected, the licensing authority must hold a hearing to consider the application.

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Questions and Answers

What are the licensing objectives?
How are applications advertised?
What information needs to be included in the advertisement?
Who can make representations about a licence application or ask for a review of the licence?
How do I make representations to my licensing authority?
How do I apply for a review of a premises licence?
What happens next?
What information needs to be included in the adverisement for review?
Do I have to pay a fee?
Can the licensing authority make representations on a licence application or ask for a review of a licence?
Can the licensing authority impose conditions on a premises licence?
What are relevant representations?
What does frivolous, vexatious or repetitious mean?

What are the licensing objectives?

The Act provides four objectives. In carrying out its functions the licensing authorities must do so with a view to promoting the objectives. They are:

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

These licensing objectives have been formulated to ensure that the carrying on of licensable activities is done in the overall public interest. Any representations made in relation to an application for a provisional statement, a premises licence or club premises certificate (or a variation) or in respect of a review must be about the likely effect of granting the application on the promotion of one or more of the licensing objectives.

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How are applications advertised?

In the case of an application for the grant or variation of a premises licence or a club premises certificate and for provisional statements, the person making the application must display a pale blue A4 (or larger) notice, printed legibly in black ink or typed in black, in a size equal to 16 font (or larger), prominently at or on the premises to which the application relates, where it can be conveniently read from the exterior of the premises (where the premises covers an area of more than 50m squared, a further notice in the same form and subject to the same requirements every 50 metres along the external perimeter of the premises abutting any highway). The notice must be displayed for 28 consecutive days, starting on the day after the application is given to the relevant licensing authority.

In addition to this, they must publish a notice in a local newspaper (or if there is none, in a local newsletter, circular or similar document, circulating in the vicinity of the premises) at least once during the 10 working days after the application is given to the relevant licensing authority.

What information needs to be included in the advertisement?

In all cases, these notices need to state:

The name of the applicant or club
The postal address of the premises, or if none, a description to allow it to be identified
The postal and website address (if any) the relevant licensing authority's register is kept and can be inspected
The date by which an interested party or responsible authority may make representations
That representations may be made in writing
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 on summary conviction for the offence

In addition to this, in the case of an application for a premises licence or club premises certificate, the notice must contain a statement of the relevant licensable activities or relevant qualifying club activities, which they propose to carry on.

In the case of an application for a provisional statement, the notice must state that representations are restricted after the issue of a provisional statement, and where known, may state the relevant licensable activities which it proposes to carry on.

In the case of an application to vary a premises licence or club premises certificate, the notice must briefly describe the proposed variation.

Who can make representations about a licence application or ask for a review of the licence?

"Interested parties" or "responsible authorities" can make representations.

Interested parties are any of the following:

A person living in the vicinity of the premises
A body representing persons who live in that vicinity
A person involved in a business in the vicinity of the premises
A body representing persons involved in these businesses

Responsible authorities mean any of the following:

The chief officer of police for the area in which the premises are situated
The fire authority for the area in which the premises are situated
The health and safety authority for the area in which the premises are situated
The local planning authority for the area in which the premises are situated
The environmental health authority for the area in which the premises are situated
The body recognised as being responsible for protection of children from harm for the area in which the premises are situated
Inspectors of Weights and Measures (trading standards officers)
And in respect of vessels only - i) The Environment Agency; ii) The British Waterways Board; iii) The Maritime and Coastguard Agency and if different from these, iv) the relevant navigation authority / authorities for the place(s) where the vessel is usually moored or berthed or any waters where it is proposed to be navigated at a time when it is used for licensable activities.

How do I make representations to my licensing authority?

Representations should be made to the relevant licensing authority in writing. This could be in the form of a letter, however, licensing authorities may also make provision for representations to be received electronically, although you should check with the relevant licensing authority first.

How do I apply for a review of a premises licence?

An application for the review of a premises licence or club premises certificate must be given in writing and be in the prescribed form. Licensing authorities may make provision for applications for reviews to be made electronically, but you should check with the relevant licensing authority first.

What happens next?

The relevant licensing authority must advertise the application for the review by displaying a pale blue A4 (or larger) notice, printed legibly in black ink or typed in black, in a size equal to 16 font (or larger):

Prominently at, on or near the premises to which the application relates, where it can be conveniently read from the exterior of the premises by the public (where the premises covers an area of more than 50m squared, a further notice in the same form and subject to the same requirements every 50 metres along the external perimeter of the premises abutting any highway). The notice must be displayed for 28 consecutive days, starting on the day after the application is given to the relevant licensing authority
At the offices, or the main offices of the licensing authority in a central and conspicuous place
In a case where the relevant licensing authority maintains a website for the purpose of advertisement of applications given to it, by publication of a notice on that website

The notice must be displayed for 28 consecutive days, starting on the day after the application is given to the relevant licensing authority.

An interested party or a responsible authority has this period of 28 days in which to make representations to the relevant licensing authority.

The licensing authority can reject any ground for the review if it considers it to be frivolous, vexatious or repetitious. If not rejected, the licensing authority must hold a hearing to consider the application.

In the case of a review of a premises licence following a closure order by a magistrates court, an interested party or a responsible authority has a period of 7 days from when the licensing authority receives the order, in which to make representations about the review.

What information needs to be included in the advertisement for review?

Notices advertising applications for reviews and reviews of a premises licence following a closure order, need to state:

The address of the premises about which an application for a review has been made
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 on summary conviction for the offence

Do I have to pay a fee?

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.

Can the licensing authority make representations on a licence application or ask for a review of a licence?

No (except where a premises is situated in more than one area and a different licensing authority is determining the application) the Act does not give the licensing authority considering the application the power to make representation in relation to the application for a premises licence or request a review of a premises licence.

The same provisions apply in relation to club premises certificates and provisional statements.

Can the licensing authority impose conditions on a premises licence?

If no relevant representations are made, the only conditions that can be imposed are those that are consistent with the applicant's operating schedule and any mandatory conditions provided in the Act. If relevant representations are made, the licensing authority may modify or add conditions to the operating schedule if necessary in order to promote the licensing objectives.

The same provisions apply in relation to club premises certificates and provisional statements.

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What are relevant representations?

In brief "relevant representations" is the expression used in the Act for comments including objections on applications etc.

For a representation to be relevant it must:

Relate to the effect of the grant of the licence on the promotion of the licensing objectives
Be made by an interested party or responsible authority
Not have been withdrawn
Not be 'frivolous or vexatious' or, in the case of a review, 'repetitious' if made by an interested party
If it concerns the premises supervisor be made by a chief officer of police and include a statement explaining the reasons for the objection

The Secretary of State has made regulations under the Licensing Act 2003 in relation to the making of representations.

What does frivolous, vexatious or repetitious mean?

Frivolous or vexatious will bear their ordinary meaning. The licensing authority must form a view as to whether a reasonable person would consider the observations frivolous or vexatious.

In the case of a review of the licence, the Act provides that for a ground to be a repetition it must be identical or substantially similar to a ground for review already made. For a representation to be a repetition it is identical or substantially similar to one already considered by the authority before it determined an application, or the representation would have been considered but for the fact that they were excluded representations following a provisional statement. Further, the Act provides that it will be a repetition if a reasonable interval has not elapsed since the earlier application or review.