Making representations for or against an application
Any representations must relate to at least 1 of the 4 licensing objectives. The licensing objectives are:
- Prevention of crime and disorder;
- Public safety;
- Prevention of public nuisance; and
- Protection of children from harm.
Every new, full variation, and review application for a premises licence or club premises certificate will have a 28 day consultation period. During this time, the Licensing Authority will accept relevant representations from ‘Responsible Authorities’ and ‘Other Persons’. Other Persons, as defined in the Licensing Act 2003, include: residents, businesses, Town/ Parish Councils Ward Members etc.
A valid representation will be directly relevant to the premises, directly linked to a licensing objective and must neither be frivolous nor vexatious. Frivolous representations would be essentially categorised by a lack of seriousness. They would concern issues which, at most, are minor and in relation to which no remedial steps would be warranted or proportionate. A representation may be considered to be vexatious if it appears to be intended to cause aggravation or annoyance, whether to a competitor or other person, without reasonable cause or justification.
Under the requirements of the legislation, where a valid representation is received the name and address of the person or body making the representation will generally be disclosed to the applicant, except in exceptional circumstances
Representations must be written using the template below or an email representation or a letter is also acceptable.
Please note that Representations will normally be passed onto the applicant. It is an offence to knowingly or recklessly make a false statement in connection with an application and the maximum fine of £5000 is liable on summary conviction for the offence.
Where a valid representation is received it may be possible to resolve the concern through dialogue with the applicant, but if it is not resolved, a hearing will be arranged to determine the outcome of the representation. The hearing will be held on a weekday, between 10 and 20 working days after the end of the consultation period. The applicant and any person submitting representation will receive an invitation to attend. The determination of the application will be made by Members of the Licensing Sub-Committee.
Last Updated: 11 February 2020