Guide to requesting a Review of a Premises Licence/Club Premises Certificate

Guide to requesting a Review of a Premises Licence/Club Premises Certificate
Guide to requesting a Review of a
Premises Licence/Club Premises Certificate
The process of reviewing a Premises Licence (PL) or Club Premises Certificate
(CPC) represents a key protection for the community where problems associated
with the Licensing objectives are occurring. At any stage, following the grant of a PL
or CPC a responsible authority or interested party may ask the
Licensing Authority to review the Licence due to a matter arising at the
Premises in connection with any of the four Licensing objectives:
• Prevention of crime and disorder
• Protection of children from harm
• Prevention of public nuisance
• Public safety
The Licensing Authority can request its own review of a PL/CPC but will only do so in
certain circumstances
.
Guidance issued under section 182 of the Licensing Act 2003 states that it would be
good practice for authorised persons and responsible authorities to give a Licence
holders an early warning about their concerns over problems identified and their
need for improvement.
Licensing Authorities are expected to be aware of the need to prevent attempts to
review Licences merely as a second bite of the cherry following failure of
representations to persuade the Licensing Authority on earlier occasions. It is for the
Licensing Authority themselves to judge what should be regarded as a reasonable
interval in these circumstances.
It is considered by the Secretary of State that an application for review made by the
same person/body for the same premises should not be repeated within a period of
twelve months unless there is a substantial change incircumstances or a closure
order is issued in respect of the premises.
The Licensing Authority must then decide if an application for a review is frivolous,
repetitious or vexatious. 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 PL?CPC, which has already been determined.
Representations considered by the Licensing Authority when the PL/CPC was
granted.
Representations, which would have been made when the application for the
Premises Licence was first made, which were excluded then by reason of the
prior issue of provisional statement.
In addition to the above grounds, a reasonable interval has not elapsed since
the earlier review or the grant of the Licence.
Making a request for a review:
1.
You must ensure that your request for Review is linked to one of the
four Licensing objectives:
a.
b.
c.
d.
Protection of children from harm
Prevention of public nuisance
Public safety
Prevention of crime and disorder
2.
Request review forms from the Licensing Department at North West
Leicestershire District Council, contact details below or they can be obtained
from www.culture.gov.uk
3.
You MUST provide a full copy of your request for a review to the Licensee of
the Premises and all responsible authorities on the same day as the
application for review is given to the Licensing Authority.
4.
The Licensing Authority will then advertise the intention to hold a review at or
near the premises, in a conspicuous position at the Council Offices, Coalville
and if the facility is available on the Councils web site, for no less than 28
days.
5.
After the 28-day period above has ended a hearing will take place within 20
working days.
6.
At a hearing the Licensing sub committee can make any of the following
decisions regarding the Licence:
a.
b.
c.
d.
e.
Exclude the activity
Suspend the Licence for up to three months
Revoke the Licence
Remove the Designated Premises Supervisor
Modify the conditions
The decision made by the Licensing sub-committee does not come into force
immediately. It comes into force after 28 days of notification of the decision, which is
the period allowed for appeal to Magistrates Court. If there is an appeal the
amendment does not come into force until the appeal is heard.
If you require further information on the process of review, please contact the
Licensing office on 01530 454844/528/838 or alternatively
[email protected]
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