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What We Do – Licensing Defence Barristers

Licensing Defence Barristers

Premises Licence Revoked or Review?

Why choose Licensing Defence Barristers?
Because we are leaders in the field and our results speak for themselves.

Our team of licensing barristers cover all areas of licensing law including:

Personal licenses, Premises licences, construction of operating schedules, application for designated 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 aspects of investigation and interview relating to potential prosecutions.

All our licensing barristers are well versed in the Licensing Act 2003 and routinely advise and represent clients from pre-application stage, through sub-committee and if necessary on appeal to any court.

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Principally we do the following 5 things for our clients:

1 – Pre-action/application advice – assistance with applications, plans and schedules.

We advise many clients pre-application to make sure the application is submitted in as strong a form as it can be. This is the best way to minimise the likelihood of a refusal or rejection and therefore the need to appeal. Many refusals happen because the application was not approached correctly. This involves strategic advice on how to approach the Licensing Authority and indeed local residents and business who might raise objections. It can save a fortune in appeals and duplicate work later on. This ability comes from experience in the trade and years of experience seeing where and why applications fail. Why wait until you have a difficulty – getting advice now could avoid it completely.

2 – Sub-committee hearings

Our licensing barristers regularly represent licence holders at sub-committee stages to make sure the best possible arguments are advanced to support the application and deal with objections to the application.

We have practical experience and know the politics of the system. We can readily identify the issues which will cause concern to public authorities and suggest ways to deal with them. Our licensing barristers have also gained a wealth of experience in negotiations pre and during committee stages.

3 – Unwanted conditions or stipulations

We advise many licence holders on how to deal with conditions or stipulations they do not want even though they have been successful in getting the licence in the first place.

Sometimes conditions on a licence are unnecessary and can be challenged or appealed. Our licensing barristers spend most of time trying to negotiate them out through liaison with the Licensing Authority and use the appeal process as a last resort. We have achieved a great of success in this aspect for clients. If however Court is necessary then we fight for our clients more fiercely than anyone.

4 – Review

We represent large numbers of parties at review hearings. Often this is because of local objections or action by the Licensing Authority. This process is an incredibly difficult one fraught with pitfalls. It is vital to have representation which can offer proper strategic advice on how to approach this including practical assistance in dealing with local residents, other authorities or indeed the Licensing Authority itself.

5 – Refusal

Most clients contact our licensing barristers following a refusal of a licence (either on first application or on renewal) and I represent them on appeal – normally to the Magistrates’ Court. This is a difficult process which can have severe cost implications (especially outside of London) and as such seeking dependable and strong advice prior to the appeal is vital. It is vital to get advice from an experienced eye to challenge these decisions properly.

6 – Revocation

As above we represent many clients who have had their licence revoked on review either because of criminal conviction/incident, health/public difficulties or some other reason. It is vital to get an experienced barrister who can identify the issues and offer practical advice as to how to present the case properly and coherently to offer the best chances of success.

7 – Emergency situations including investigations

Alongside all of the above our licensing barristers have been called in to deal with emergency situations – in particular in relation to premises licences. Such situations can include where the police are involved investigating violence or other serious crime which occurred on the premises or during the course of employment. Urgent and immediate action can often stop matters progressing further including to a review or a closure order. Licensing Defence Barristers have our own emergency team which carries out investigations drawing on over 30 years of senior licensing and local authority experience.

If you are a taxi driver seeking assistance in relation to your badge/licence please visit www.taxidefencebarristers.com