Premises Licence Review
Review of a premises licence
Section 51(1) of the Licensing Act 2003 allows an application for the premises licence review to be made at any time whilst it is in effect. Guidance states:
“At any stage, following the grant of a premises licence or club premises certificate, a responsible authority, or any other person, may ask the licensing authority to review the licence or certificate because of a matter arising at the premises in connection with any of the four licensing objectives.”
Those Four Licensing Objectives relevant to a premises licence review are the prevention of crime and disorder, promotion of public safety, prevention of public nuisance and the protection of children from harm.
There are strict rules as to how this should be done but the following points should be remembered:
- The complaint must be to the relevant licensing authority;
- There is no fee payable for a review;
- A copy of the application must be sent to the holder of the premises licence;
- Copies must also go the each of the responsible authorities; and
- There are rules about the advertising of such applications.
Local authorities are required to consider such applications but must not simply accept them. They are required to consider whether applications to review a premises licence are relevant to the licensing objectives."
Local authorities are required to consider such applications but must not simply accept them. They are required to consider whether applications to review a premises licence are relevant to the licensing objectives. Licensing authorities can and should reject any such applications which for premises licence review that are not relevant OR which are repetitious, frivolous or vexatious.
It is universally agreed that a ground for premises license review would be repetitious if it is identical or substantially similar to a ground specific in an earlier application which has been determined or already been considered prior to the granting of the licence in the first place. They will also be rejected if there has not been a reasonable interval since the previous review and determination.
It is worthy of note that none of this applies to responsible authorities who can make more than one application for a review of a premises licence or certificate within a 12 month period.
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So why choose Licensing Defence Barristers? Simply put, we are leaders in the field of licensing law and our results speak for themselves!
Our professional, results-focussed team of licensing barristers cover the full spectrum of licensing law including Personal licenses, Premises licences, construction of operating schedules, application for designates premises supervisors (DPS), dealing with representations from all relevant parties, advising on conditions, variation of premises licence, reviews of premises licence and transfer of premises licence, closure orders, club premises certificates, temporary event notices and all aspect of investigation and interview relating to potential prosecutions.
Our licensing barristers regularly advise and represent clients from pre-application stage, right through sub-committee and and if necessary, on appeal to any court.
Contact us if you need to discuss any issues relating to your registration.