Making representations

The Licensing Act 2003 ("the Act") will enable thorough scrutiny of applications both by experts and by the local residents and businesses. "Responsible authorities" such as the police, fire authorities, health and safety and environmental health authorities, and others, will be notified of every application for a new premises licence, or variation of existing licences. They will have the opportunity to make representations to the licensing authority about the effect on the promotion of the licensing objectives of the application.

The Act also enables residents and businesses in the vicinity of the premises (interested parties) to make relevant representations about any application for new or for variations to licences. This gives the local community a greater say than ever before in licensing decisions.

For a representation to be relevant it must be one that is about the likely effect of the application on the promotion of the four licensing objectives. Also, if the representation is made by an interested party it will not be relevant if the licensing authority considers it to be vexatious or frivolous.

In addition, responsible authorities and interested parties will have the power to apply for a review by the licensing authority of existing licences, on a ground relating to the promotion of the licensing objectives. Such a review can result in the modification of the licence, its suspension, or ultimately, revocation.

Also, the Act makes provision for rights of appeal against a licensing authority's decision to the magistrates' court (see Schedule 5 to the Act).

Similar provisions apply in regards to applications for, or to vary, a club premises certificate and in respect of applications for a provisional statement.

Putting forward your views on applications for, or to vary, a premises licence

When applying for, or seeking to vary, a premises licence, an applicant must give notice of their application to each responsible authority. The applicant will also be obliged to advertise his/her application. Any residents or business operating in the vicinity of the premises which are the subject of the application will be able to make representations to the licensing authority about the application, if they wish to do so. This includes the ability to raise objections.

All interested parties and responsible authorities will have a period in which they can make representations to the licensing authority about the application.  If the licensing authority considers that the representations are relevant it must hold a hearing to consider those representations (unless all agree that this is unnecessary).  The licensing authority will then have choices as to how it proceeds depending upon what is necessary for the promotion of the licensing objectives.  It may:

• decide to grant or vary the licence in the same terms as it was applied for;  
• decide that it is necessary to refuse to issue or vary the licence;  
• decide to grant or vary the licence, but to modify the conditions;  
• exclude from the scope of the licence a licensable activity.

If no relevant representations are made the licence or variation must be granted (subject to the mandatory conditions).

A similar approach is taken in respect of club premises certificates and provisional statements.

Requesting a review of a premises licence

An interested party or responsible authority can, at any time, apply to the licensing authority for a review of a premises licence on a ground relating to the licensing objectives. The person or body requesting the review must notify the holder of the premises licence and each responsible authority of their request. The licensing authority must advertise the application for the review and invite representations from responsible authorities and interested parties.

The licensing authority can reject any ground for the review if it considers it to be frivolous, vexatious or a repetition. If not rejected, the licensing authority must hold a hearing to consider the application.

You may view frequently asked questions to do with making representations and the Act from this link.(pdf, 66KB)