Our previous blogs on this area have discussed the licence review process and information on making an application, but what happens when that review application is rejected.
When a licensing authority receives an application for a review it must initially consider whether the grounds for that review that is stated within the application, are relevant to the licensing objectives. Any ground of review can be rejected by a licensing authority. The licensing authority will assess whether the ground is relevant to the licensing objective and will take into account applications made that are frivolous, vexatious or is a repetition.
A ground for review will not stand if it does not relate to a licensing objective. Rejection of a ground due to it being frivolous or vexatious will also be comparable to a rejection of a relevant representation on an application for a premises licence.
A ground for review will be found to be repetition if
- It is identical to
- A ground that was specified in a previous application for review which was made in respect for the same premises.
- Representations considered by the relevant authority before it originally granted the premises its license
- Representations which would have been so considered but for the fact that they were excluded as irrelevant, vexatious or frivolous.
As section 51 .5 of the licensing act states A reasonable interval has not elapsed since the earlier application for review or the grant of a licence.
If a licensing authority rejects a ground for review must notify the applicant of its decision and its reasons for making that decision.
If an applicant has raised more than one ground for review and not all are rejected. The application will still be valid on the grounds that they were not all rejected. The licensing authority will proceed to determine the application on the basis of the remaining grounds.
Our expert licensing barristers are highly skilled in all aspects of the licence review stage and can assist in all stages of the licence review process.