Request a review of a premises licence or club premises certificate
This information is intended as guidance to those who want to request a review of a licence. You may wish to seek your own specialist legal advice. Occasionally, things may go wrong once a licence has been granted. In the first instance, we strongly advise talking to the manager of the premises or the premises licence holder to try to arrange an informal resolution. If matters cannot be resolved informally, you can request for a review of the licence. A review of a licence is usually a last resort.
Any person(s) or a responsible authority may request a review of any premises licence or club premises certificate at any time. This may be considered appropriate where concerns have arisen relating to the four licensing objectives since the granting of the licence or certificate. It is important that you give valid reasons and supportive evidence that links directly to the premises in question, to help support your request.
To submit a request to review a licence, you need to complete the relevant form. Any person(s) or a responsible authority should set out the reasons for requesting the review in the form and submit them to the Licensing Authority. They should also submit the request at the same time to the holder of the premises licence and every responsible authority.
A request for a review must be about how the activities of the premises are impacting on one or more of the four “licensing objectives”. These are:
- The prevention of crime & disorder
- Public safety
- Prevention of public nuisance
- Protection of children from harm.
If the request does not relate to one or more of these objectives it will be deemed invalid. Review requests must therefore explicitly link to one or more of the objectives.
The Licensing Authority must disregard and deny any request which it believes is frivolous, vexatious or repetitious. It will be deemed repetitious where the request for a review is based upon the same grounds as have earlier been considered at a previous review or the granting of the licence.
You may wish to include how you consider the situation could be resolved so the Sub-Committee has direction on their decision.
You may wish to look at the Councils Licensing Policy Statement and the section 182 guidance for the Licensing Act 2003 before requesting the review.
What happens next?
The request to review will then be advertised for 28 days for any other person to make representation. The request to review and any representations received by the licensing authority will be copied to the premises licence holder. This will include the whole content of letters and communications and will include the identity of the person who has made the request to review or representations.
Representatives will be invited to the hearing of the relevant application by the Licensing Sub-Committee. Representatives will be permitted to address the Sub-Committee but comments must be restricted to the matters which formed part of the initial representation. Representatives may have somebody else speak on their behalf (a ward councillor, friend or a solicitor) but such a representative may only state what the party would have said in person.
Representatives do not have to attend and the hearing may continue based solely on the written submissions which will form part of the Sub-Committee report.
A person who has made representations may withdraw their objection at any time prior to the hearing.
As a result of the hearing, the Sub-Committee must then decide how to proceed in order to promote the licensing objectives. It may:
- take no action;
- issue a formal warning to the premises supervisor and/or premises licence holder;
- modify the conditions of the licence;
- exclude a licensable activity from the scope of the licence;
- remove the designated premises supervisor;
- suspend the licence for a period not exceeding three months; or
- revoke the licence.
Any party may appeal to the Magistrates’ Court against the decision of the Sub-Committee within 21 days of the written decision notice being received. This will be Guildford Magistrates’ Court for Tandridge District Council.
This guidance provides advice based on information available at the time of writing and this may change.
Form to request review of licence
Licensing Department, Tandridge District Council, Station Road East, Oxted, Surrey, RH8 0BT
Tel: 01883 732794 E-mail: email@example.com
Councils Statement of Licensing Policy
Section 182 guidance of the Licensing Act 2003
Licensing Act 2003 legislation