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The Licensing Act 2003 introduces a licensing system aimed at giving businesses greater freedom and flexibility to meet customers’ expectations, for example by allowing children to accompany adults into premises, and extending or altering opening hours. The new system also aims to provide the necessary protection of local residents whose lives can be affected by noise and anti-social behaviour created by some people who visit licensed premises.
This advice has been put together to assist ‘interested parties’ under the Act, that is:
·local residents;
·bodies representing people living in the vicinity;
·persons involved in a local business in the vicinity; and
·bodies representing persons in local businesses;
who feel they may be adversely affected by an applications. It is intended that this guidance will help interested parties become aware of their right to make a representation to the Licensing Authority.
Representations may also be made on behalf of ‘interested parties’ by a representative e.g. MP, solicitor, or a friend.
Interested Parties may become aware of applications through notices displayed at the premises or by the public notice advertised in the local newspaper. These notices include relevant information to do with the application, including time limits in which any representations can be made to the Licensing Authority and of where the full application details can be viewed. In most cases representations must be made within 28 days of the application being made.
Representations must not be frivolous or vexatious and must be relevant to at least one of the four licensing objectives which are:
·The Prevention of Public Nuisance
·Public Safety
·The Prevention of Crime and Disorder
·The Protection of Children from Harm
Licensing Office
Gedling Borough Council
Planning and Environment Department
Civic Centre
Arnot Hill Park
Arnold
Notts
NG5 6LU
Telephone: 0115 9013895
And include the completed representation form that can be downloaded from further down this page if you wish.
Or email the Licensing Office at Gedling Borough Council licensing@gedling.gov.uk
If a relevant representation is made, the Licensing Authority as well as the parties concerned can attempt to amicably resolve the concerns. A number of representations have been satisfactorily resolved between interested party's and applicants in the past but where no agreement is reached the application will be decided by a meeting of a Licensing Panel composed of three Councillors.
At the Panel hearing the applicant and all parties having made a representation will be invited to comment on their representations. The interested party may choose to rely on their written representation if they so wish rather than attend the hearing.
The Licensing Panel can either decide to:
·grant the licence without variation;
·reject the application;
·vary the licence in accordance with the representation.
If you wish to withdraw any representations you may do so confirming this in writing, providing you do so no later than 24 hours before any hearing, or otherwise orally at the hearing.
If problems arise following the granting of a licence, interested parties can apply for a review of the licence. The procedures followed will be very similar to that of above.
An applicant has a right of appeal to the Magistrates’ Court against a licensing decision by the Licensing Authority.
Guidance on making a representation can be obtained from the website of the Department for Culture, Media and Sport at www.culture.gov.uk . You may download a copy of our Licensing Act Representation Form here (pdf file size 82 KB) or request one by contacting our Licensing Office.
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