In previous blogs on this topic we have discussed; what the licence review process is, the importance of the process and who can initiate a review. The information below will assist you in the understanding and making of an application for a review of a premises licence.
When can an application be made?
Section 51 (1) of the Licensing Act 2003 notes that an application for a review can be made at any time once the premises licence has taken effect.
How to obtain an application form.
A relevant licensing authority must provide an application on request reprinted application form, regulations 20 1B allow applications to be made in written or electronic format.
Making an application.
An application for a review of premises licence must be made to the relevant licensing authority. There is no fee payable for a review. A copy of the application is then sent to the holder of the premises and each responsible authority. Regulation 21 of the Premises Licences Regulations provides that application must be made in writing. However, Regulation 21B provides that an application can be made electronically. There is a request then that the advert must be advertised the application for the application form can be found on a prescribed form which is set out in premises licences regulations schedule eight.
Completing an application form
The application is divided into three parts:
Part One – Applicant sets out the postal address of premises
Part Two – Deals with personal information for example the applicant reason for review, this comes with a checklist and signature pages for the applicant and their solicitor.
Part Three- provides for the applicant to sign the form. The form can also be signed by the applicant’s solicitor or duly authorised agent that they have put forward on their behalf to represent them.
Notice to responsible parties and licence holders
Once the application is made, the applicant must give a copy of the application to each responsible party and responsible authority. Once the licensing authority receives the application for review it must advertise the application by displaying it for 28 days. Regulations 29 of the premises licence and regulations set out the requirement for advertising. The advertising requirements are dealt with in another informative blog piece on this site.
Our experienced licensing defence 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 and seek our expert legal advice. Please also follow the links on this site in relation to this area of law, to get a more in depth view of this topic.