Review of a premises licence or club premises certificate

A responsible authority or any other person may apply for a review of a premises licence or club premises certificate that is in force. Each application will be considered in its own right and on its own merits. The grounds for review must be relevant to one or more licensing objectives: 

• the prevention of crime and disorder
• Public safety
• the prevention of public nuisance
• the protection of children from harm

If the authority is not satisfied that the grounds for review are relevant to one or more of the licensing objectives, it may reject the application.

The authority will also assess whether the application for review could be:

• vexatious 
• repetitious
• frivolous 

Since there is no automatic right to have a premises licence or club premises certificate reviewed, applicants or their representatives requesting a review cannot do so anonymously. If applicants are concerned about being intimidated, they should consider requesting that the police or another suitable responsible authority submit a review on their behalf.

Applicants should consider the following before requesting a review of a premises licence or club premises certificate, while some concerns can be efficiently addressed outside of the formal review process:

• Communicating with the licensee or certificate holder to see if there are any steps they are ready to take to rectify the situation
• Requesting that the authority to contact the licensee or certificate holder on your behalf
• Requesting that your local MP or councillor contact the licensee or certificate holder on your behalf
• Communicating with the appropriate responsible authorities for example, environmental health exercising noise in the case of noise nuisance or licensing enforcement or the police in the case of crime and disorder to see if there is any other legislation that could help remedy the situation.

Other factors the applicants should think about before requesting a review can include:

• It may be beneficial to obtain the support of other people who live nearby including businesses that operate nearby or other responsible authorities.
• Asses the official records about that premises or club kept in the licensing register. This will show if other people have made representations or called for a review in the past
• If the applicants calling for a review intends to file a petition, make sure to include names and addresses, as well as a detailed explanation of why a review is being requested. It would also be beneficial if a representative could volunteer to receive information about the hearings from the authority and possibly speak for the majority of the petitioners at the hearing.
• If the applicant wishes to have another person such as an MP or a local councillor represent him or her at the review, the request should be made in writing so that the individual can demonstrate that he or she was asked. It will be up to the MP or the councillor to determine whether or not to grant the applicant's request. They are not required to do so but most elected representatives are willing to assist locals with this type of issue and there is no obligation for the representative to live near the business in question in order to make representations on behalf of residents who do. It should be emphased that councillors on the licensing subcommittee hearing the application will not be able to discuss the application with the applicant outside of the formal hearing, thus applicants should avoid approaching them to try to do so.
• Obtain as much information as possible regarding any governing authority response to particular incidents such as police or noise team being called out.
• Applicants may also be able to support their review application with data such as crime statistics however it should be noted that conditions attached to licences or certificates cannot seek to manage the behaviour of the customers or club members once they are beyond the direct management of the holder of the licence or certificate including staff or agents although the holder can seek to control the behaviour of the customers or members on the premises or in the immediate vicinity of the premises or club.
• If there is general noise nuisance on the streets as a direct consequence of licensed premises, applicants will almost certainly be required to show how it is related to the individual businesses.
• It is critical to be able to back up your statements with accurate and consistent records which applicants can accomplish by keeping a diary over time prior to the licensing hearing for example of recordings of sound or video emenating from the premises or club.
• Anyone can call for a review including responsible authorities, residents or businesses following a specific incident. However, applicants should be cautious because a licensee may argue that the issue was a one-time occurrence that can be resolved without a review.
• Applicants must have a clear vision of how they want the situation to be resolved.

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