It is clear from the Licensing Act 2003, that a procedure is firmly in place that enables a responsible authority to review a premises licence at any time on the application. The question then arises of who can apply for such a review to take place?
Section 51 of the Licensing Act 2003 stipulates, that at any time a responsible authority and any other person may apply to the relevant licensing authority for a review. The licence application for review must relate to licensing objectives in respect of specific premises rather than general problems in a locality.
It is important to note that an application for review does not have to be the first and only step where problems can arise and be dealt with. It is extremely good practice for a licence holder to try address concerns raised to them regarding their licence, prior to the issue going to a review stage. However, when a licence holder chooses not respond to these requests or concerns, then this will lead to the request of a review.
A vital piece of information to note is that a licensing authority cannot initiate a review. Section 53 of the 2003 act allows a local authority, who is both the relevant licensing authority and responsible authority, can in its capacity as a responsible authority apply for a review to a premises licence then as a licensing authority determine the application.
Our experienced licensing barristers deal with all stages of the licensing review process and have in depth knowledge and experience on dealing with issues that arise when a license is under review. If you wish to know more about the review process you can seek our expert legal advice. To get a more in depth view of this topic, please follow the links on this site in relation to this area of law.