Licensing Act Reviews

A key protection for the community is contained within the Licensing Act 2003 for the review of premises licences where problems associated with crime and disorder, public safety, public nuisance or the protection of children from harm are occurring.

Asking for a Review

At any stage following the grant of a premises licence a ‘Responsible Authority’ such as the Police or an ’Interested Party’ such as a local resident, residents’ association or local business or trade organisation may ask the Licensing Authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives. A review of a premises licence would also normally follow any action by the Police to close down a premises for up to 24 hours on the grounds of disorder or noise nuisance as a result of a notice of Magistrates’ Court determination sent to the Licensing Authority.

Licensing Authorities cannot initiate a review

Licensing Authorities cannot initiate a review themselves though officers of the local authority, such as Environmental Health Officers may request a review on any matter relating to the promotion of one or more of the licensing objectives.

All representations must be in writing

The national licensing guidance stipulates that any representation made must be in writing and relate to particular licensed premises and be relevant to the promotion of the licensing objectives. The value of good, detailed evidence to support a representation cannot be over emphasised. Persons making a representation can additionally help their case by attending the Review hearing. The person making the representation can amplify their representation at the hearing but not extend this onto other matters outside the original representation.

Partnership working and warnings

The guidance further states that the promotion of the licensing objectives relies heavily upon the partnership of licence holders, authorised persons, interested parties and responsible authorities in pursuit of common aims. Reviews should not be used to ‘drive a wedge’ between these groups that would undermine the benefits of co-operation. The guidance recognises that it would be good practice for authorised persons and responsible authorities to give licence holders early warning of their concerns about problems identified at the premises and of the need for improvement. Failure to respond to these warnings is expected to lead to a decision to request a licence review.

Relevant, vexatious, frivolous or repetitious requests

Where a written request for a review comes from an interested party (for example a local resident, residents’ association, local business or trade organisation the Licensing Authority must first consider whether the complaint is not relevant, is vexatious, frivolous or repetitious.

'Not relevant'

A request would not be considered relevant where the matter complained of did not relate to the promotion of at least one licensing objective at the licensed premises. Similarly, a general complaint over crime and disorder in a locality that was not tied or linked by a causal connection to particular licensed premises would be considered as being not relevant.

'Vexatious'

Vexatious requests may arise out of disputes between businesses etc.

'Frivolous'

The national guidance notes that frivolous requests would be noticeable by their lack of seriousness. A trivial complaint may not always be frivolous, but it would have to be pertinent in order to be relevant.

'Repetitious'

A repetitious representation is one that is identical or substantially similar to :

• a ground for review specified in an earlier application for review made in respect of the same premises licence which has already been determined; or
• representations considered by the Licensing authority when the premises licence was first granted, or
• representations which would have been made when the application for the premises licence was first made and which were excluded then bt reason of the prior issue of a provisional statement; and
• in addition to the above grounds, that a reasonable interval has not elapsed since that earlier review or the grant of the licence.

One review

The Secretary of State has recommended that ordinarily no more than one review should be permitted by a Licensing Authority from an interested party unless in compelling circumstances or arising following a closure order.

An interested party aggrieved by a rejection of their representations on these grounds may challenge the Authority’s decision by way of a judicial review.

Arranging the Hearing

Following receipt of a request for a review or following a closure order the Licensing Authority will arrange for a hearing in line with Regulations prescribed by the Secretary of State and detailed on the Department of Culture, Media and Sport (DCMS) website (visit our links page).

The Licensing authority has a range of actions it can take resulting from the hearing:

• take no action;
• issue an informal warning to the licence holder and/or recommend improvements over a particular time period;
• Modify the premises licence;
• Exclude a licensable activity from the licence;
• Remove the designated premises supervisor in case of poor management;
• suspend the licence up to 3 months;
• Revoke the licence.

We hope that the foregoing information is helpful to you and you can always contact our Licensing Office (see our main Licensing page for full contact details) for further advice.

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