Review of a premises licence or club premises certificate

Review a Premises Licence 

What are Licence Reviews? 

Licence reviews are a powerful tool for dealing with potentially problematic licensed premises. Reviews are generally a last resort, when other measures have failed to address concerns with the venue in question. 

Can I request a review for a problem premises? 

Under the Licensing Act 2003, any person or responsible authority may apply to the Council to have a premises licence under the Act reviewed, if it is believed one or more of the licensing objectives is being undermined by the current use of that licence. The licensing objectives are: 

• the prevention of crime and disorder 

• the prevention of public nuisance 

• public safety 

• the protection of children from harm 

What is a responsible authority? 

A responsible authority is a public body which has been designated by the Licensing Act 2003 ‘the Act’ to be fully notified of applications under the Act, and who are also authorised to call for review applications licensed under the Act. These bodies include to Police, Licensing Authority and Environmental Health (Noise). 

What does the council do with reviews?  

The Council will consider all reviews received, once the information has been considered fully, there are various actions that can be taken;   

• do nothing 

• issue a warning 

• modify the conditions of the premises licence (either by adding new conditions, or changing or removing existing conditions) 

• remove a licensable activity from the licence 

• remove the designated premises supervisor 

• suspend the licence for a period not exceeding three months 

• revoke the licence 

This is not to exclude any further potential action which could be undertaken by the Licensing Authority following a review but relates specifically to what the review application itself may lead to. 

How is the review process regulated?  

The review application must be submitted on a prescribed statutory form and submitted to the Council where the premises is located. Forms must be filled in fully and correctly to be accepted. 

Applications to review may not be 'frivolous' or 'vexatious' in nature - in other words the concerns must be valid, serious matters for consideration; the review process cannot be used to deal with disputes between premises which are not relevant to the licensing objectives. 

Review applications must also not be 'repetitious' in nature. This means that a review which is lodged to a recently granted licence application in the same manner as the application was originally objected to, would be unlikely to be accepted. Multiple licence reviews on the same or similar grounds as previous reviews for the same venue within the last 12 months would also be unlikely to be accepted. Exceptional circumstances may however apply, and each review application will be looked at on a case by case basis. 

What needs to be considered in taking a review? 

Applicants may wish to consider what they actually require from the review process. Although there may be frustrations with the venue in question, ask if it is reasonable to seek a revocation of the licence? Are there other steps which could resolve the issues which are being experienced? These are important questions to consider, as the licensing committee will be guided to take steps which are proportional and necessary when determining the outcome of any review. 

Try to provide as much evidence on the issues experienced as possible. Simply stating in the review that there are issues with the venue is not likely to result in a successful outcome. Look to get as much information of individual incidents as possible, along with any photos, recordings or any other items of evidence which can help in demonstrating the issues the review is seeking to address. It may even be worth speaking to other people / businesses neighbouring the premises to see if they have any problems as well - they may even be willing to support the review application. 

How do I make a review application? 

Review applications must be submitted on the review application form, which can be found here: Premises licence forms - GOV.UK . As well as serving the review to the Licensing Authority, a copy must also be served on the premises licence holder for the venue in question. If the application is served electronically the Licensing Authority will serve a copy of the application on all the responsible authorities. If the review is submitted postally, however, it will be the responsibility of the applicant to serve copies of the review to all responsible authorities. 

Applications can be emailed to licensing.authority@redbridge.gov.uk 

Applications should also include all supporting evidence to go with the application, and any other documentation and / or information which the applicant believes supports the case. 

There is no charge for making a review application, and the Council is responsible for the advertisement of the application. 

What happens next? 

Once submitted, if the review application is accepted, a 28 day consultation begins. During this period, the Council will ensure a site notice is displayed at or near the premises advertising the application, and will also advertise the application on the council website on the public licensing register. 

During this period the responsible authorities and any other person may write a representation either in support of, or against the review. If these representations are valid, they will be considered as part of the process. 

Once the 28 day consultation has expired, the Council will arrange for a licensing-sub committee to be held within 20 working days, to determine the application. A licensing committee (also referred to as the panel) usually consists of three councillors. 

The person submitting the review  would be required to attend the review hearing and present the information in person.  If the review application has been submitted by a group of people, only one individual from the group would be required to speak, but more could do so, if they wished. Legal representation can also be sought by the parties reviewing the licence for the hearing, but this is not necessary and would be at the applicant’s cost. 

The panel will listen to evidence from the applicant, the premises, and any other responsible authorities and / or other persons who have submitted valid representations to the application who wish to speak. The panel will also consider any written evidence and submissions in relation to the case. Once all evidence has been reviewed, and all parties have had an opportunity to speak, the panel will deliberate. A written decision will follow within 5 working days to all parties to the application. 

If any party to the application feels aggrieved by the decision of the committee, the decision may be challenged by way of appeal at the Magistrates' Court. Any appeal must be lodged within 21 working days of the written decision notice having been received. 

More review guidance can be found on the Home Office website.

An application for a review of a premises licence or club premises certificate must be made using the prescribed application form which may be downloaded from the Home Office page.

 

Apply for a review for a premises licence

 

Apply for a review for a club premises certificate