The Licensing Act allows responsible authorities (fire and police services, environmental health, trading standards etc) and any other person to support or oppose a licence application.
How will I know if a licence application has been made?
You can view all licence applications on the Public Access Information System
Licence applicants are also required to:
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fix a notice to the premises for 28 days and
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advertise in a local newspaper.
How do I make a comment?
To make a valid licensing representation, you must submit it in writing to the relevant licensing authority within the specified time frame (usually 28 days from the application date). The representation must address at least one of the licensing objectives (see below for further details).
Your representation should clearly state your name, address, and contact details, as well as the name and address of the venue and the application reference number (if known).
Here's a more detailed breakdown:
1. Formal requirements
Written submission: Your representation must be in writing. An email or a comment on the public register portal is acceptable.
Identification: Include your full name, address, and contact details.
Premises details: Specify the name and address of the premises and the application reference number (if available).
Timeframe: Ensure your representation is submitted within the consultation period, which is typically 28 days from the application date.
Disclosure: Your name and address will generally be disclosed to the applicant unless there are exceptional reasons not to. You can request your comments be forwarded to relevant authorities instead.
2. Relevance to licensing objectives
Focus on objectives
Your representation must relate to at least one of the four licensing objectives.
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Prevention of crime and disorder
This involves minimizing the potential for criminal activity and public disturbances associated with licensed premises.
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Public safety
Ensuring the safety of individuals on or around licensed premises is crucial. This includes measures to prevent accidents, injuries, and other hazards.
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Prevention of public nuisance
This objective focuses on minimizing disturbances to the local community, such as noise, litter, and other nuisances that may arise from licensed premises.
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Protection of children from harm
This objective aims to safeguard children from potential harm, including sexual exploitation, and ensure they are not exposed to inappropriate content or environments.
Address the impact
Explain how the application (or proposed activities) will impact the chosen licensing objective(s).
Examples of impact:
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Crime and disorder: Consider the potential for increased crime, disorder, or anti-social behaviour.
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Public nuisance: Think about noise, light pollution, litter, noxious smells, or hours of operation.
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Public safety: Consider fire safety, crowd control, and other potential hazards.
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Protection of children: Assess the potential for children to be harmed or exploited by the activities on the premises.
3. Examples of valid and invalid representations
Valid
A resident complaining about excessive noise from a bar late at night, affecting their sleep, would be a relevant representation.
Invalid
A business owner complaining about a new competitor, solely based on commercial impact, would not be a relevant representation.
4. Additional tips
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Be specific: Provide clear details and evidence to support your claims.
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Be objective: Avoid using frivolous or vexatious arguments.
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Consider responsible authorities: If you don't want your details disclosed, you can ask your local councillor or another person to represent you.
What happens next?
If we consider your reasons for making representations are relevant, we will arrange a hearing of the Licensing Sub-Committee to consider the evidence. You, or someone that represents you, will be invited to the hearing to explain your concerns. Only issues that have previously been made in writing can be presented at the hearing.
The sub-committee will then either:
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grant the application, subject to any modifying conditions
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reject one or more requested licensable activities
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reject the application
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refuse to specify a person as a designated premises supervisor.
You and the applicant can appeal the council’s decision at your local Magistrates’ Court within 21 days of receiving the decision notification.