The Licensing Act 2003 requires that
any application to vary any element of an existing licence or
application for a new licence has to be the subject of public
consultation.
Only representations that relate to one
or more of the licensing objectives can be considered. The
licensing objectives are: -
·
The prevention of crime and
disorder
·
Public safety
·
The prevention of public
nuisance
·
The protection of children from
harm
Representations should clearly set out
the likely effects the grant, variation or review of the licence
would have on the promotion of at least one of the licensing
objectives, and must clearly relate to the premises for which
application id being made.
The Licensing Act 2003 requires the
Council to disregard representations that the Council are
considered to be frivolous or vexatious.
Where written representations are made
in respect of an application, this will normally result in a
Hearing by the Licensing Sub Committee to determine the
application. Only persons who have made a representation, or their
representatives, are entitled to address the Sub
Committee.
Relevant representations will form part
of a public document which will include your name and address and
will appear on the Council’s website. Anonymous
representations cannot be accepted and so if any are received they
will be disregarded.
It is important that if you make
representations that you have the evidence that demonstrates
support to your case. It is also important that if you are invited
to attend the hearing that you make every effort to do so in order
to strengthen your case. If several people living close to each
other are all making representations then come together and agree
one person to speak on everyone’s behalf. You will be given
time as agreed by the Committee Chair at the beginning of the
hearing to make your case and it is suggested that you do not
repeat verbatim your written evidence but highlight the key issues.
You should then be prepared to answer points of clarification
resulting from questions from members of the Licensing Sub
Committee.
To have your say, you must be an
"Interested Party" for the premises concerned. This means you must
be either a “responsible authority” or “other
person” who submits a representation which is not vexatious
or frivolous about the likely effect of the grant of the premises
licence on the promotion of the licensing objectives.
Licence Representations
Form
Sub Committees deal with licence
applications under the 2003 Licensing Act exclusively such as
Premises Licences Personal Licences, Club Licences and Temporary
Events Notices. However, in certain circumstances these
applications may be dealt with by Council Officers. A minimum of
three Sub Committee members will be called upon to determine
applications which are to be heard and meetings will take place as
often as required.
If you want to speak at the Licensing
Sub Committee, you need to contact us immediately and we can then
advise you if this is possible under regulations made by the Government. Email Democratic Services or
phone 01293 438697 and we will let you know if you are able to
speak at the meeting.