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.
Representations can be made 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 the application is being made. The Licensing Act 2003 requires the Council to disregard representations that are considered to be frivolous or vexatious. 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 you have the evidence that demonstrates support to your case.
Where written representations are made, this will normally result in a hearing by the Licensing Sub-Committee to determine the application.
Sub-Committees deal with licence applications under the 2003 Licensing Act exclusively such as Premises Licences, Personal Licences, Club Licences and Temporary Events Notices. A minimum of three Licensing Committee members will be called upon to determine applications which are to be heard and meetings will take place as often as required.
Only persons who have made a representation, or their representatives, are entitled to address the 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 about the likely effect of the premises licence on the promotion of the licensing objectives.
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 firstname.lastname@example.org and we will let you know if you are able to speak at the meeting.
If you are invited to attend the hearing, it is important 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 you are advised to 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.
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