Current Premise Applications

The 2003 Act permits anyone to make a 'representation' if they think they will be affected by an application for a premises licence. This includes any individual, body, business or organisation.  

Whilst any of these persons may act in their own right, they may also request that a representative makes a representation to the Licensing Authority on their behalf. A representative may include a legal representative, a friend, a Member of Parliament, or a local ward or parish Councillor who can all act in such a capacity within the 28 day notice period.

If they think granting a new, or changing an existing licence or certificate would undermine any of the licensing objectives, they can make representations to the relevant licensing authority.  The person or organisation does not have to live or have a business interest in the vicinity of the premises, but the representation must be `relevant’

Any person or a responsible authority can also ask the licensing authority to review a current premises licence or club certificate if problems occur which undermine the licensing objectives. The licensing objectives are:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm.

For example, if you are concerned the granting of a variation will lead to an increase in crime and disorder in the area of the premises; this may be classed as a relevant representation.

The licensing authority will also not consider representations that are frivolous or vexatious. A frivolous representation is one that does not have a serious purpose or is not serious in its nature, whilst a vexatious representation is one that is made purely to cause annoyance to the applicant.

Please be aware that it is an offence to knowingly or recklessly make a false statement in connection with an application. The maximum fine which a person is liable on summary conviction for the offence is £5000.

Relevant representations must be in writing and submitted to the Licensing Authority. To assist objectors the Licensing Authority has created a form that you can request from the licensing department by emailing licensing@erewash.gov.uk. We would recommend that you use this form to submit your representation. The form is designed to help extract the type of information which is required to ensure the representation can be accepted.

licensing@erewash.gov.uk

Your representations must reach us within the 28 day notice period. Late representations will not be considered. If you are unsure when the application was made, you can check with the council or consult the application advertisement.

The licensing staff will initially check your representation to ensure that it fulfils the criteria, and your comments relate to one or more of the four licensing objectives.

Assuming that your representation fulfils the criteria, it will be copied and sent to the applicant, along with any other representations received.

It is important that the applicant is provided with the opportunity to address the comments raised in your representation. In addition a copy of your letter will be included in the committee papers and your personal details may form part of the recorded decision, all of which are public documents.

If you do not want your personal details to be released then you will be unable to make a personal representation.

A blue notice will advertise an application for a new licence or a variation to an existing licence. This will be blue for a full variation, or white for a minor variation. The notice must be prominently displayed on the premises, in a place that is accessible by the public.

The notice will provide a final date for representations as well as brief details of the application.

For full variations and new premises licence applications applicants must also place a notice about their application in a local newspaper that covers the area in which their premises is situated. This notice will appear within 10 days of the applicant making their application to the Licensing Authority. 

If you do not want your personal details to be released then you can approach a local representative who may consider making the representation on your behalf.  

It is advised that you write to the chosen representative as they will need to keep evidence of your request (in the instance of any further challenge, such as through an appeal hearing). You must provide them with your name, address and details of the grounds upon which your representation is made. They will need to use their local knowledge to satisfy themselves that your representation complies with the required criteria, and agree to take the matter on your behalf.

They should then submit written representation to the Licensing Authority replicating the grounds upon which your representation is made. We will then process this representation as we would any others. For example we will send a copy to the applicant and include a copy in the Panel report.

Please note that all future dialogue and correspondence will be held with your representative, and the licensing authority will not be in a position to make direct contact with you. Consequently the Notice of Hearing and any decision letter will also be sent to your representative. 

The Licensing Authority will accept petitions, but there are some important factors to consider before organizing a petition:

• We ask that the instigator of the petition identifies them as a central point of contact. We may need to make contact in order to verify certain matters and if we are unable to do this it could invalidate the petition.
• Each page of the petition should contain information as to the purpose of the petition so that all persons know what they are signing.
• Full names and addresses must be supplied, and finally
• All signatories must be made aware that a copy of the petition will be supplied to the applicant and a copy will be contained within the committee papers, so their personal details will become public knowledge.

We will not write to each signatory separately, but instead assume that the instigator will advise each signatory of the hearing date and the final outcome of the application. It is expected that the instigator will represent the signatories at the hearing and to speak for them. 

If relevant representations are made and accepted by the licensing authority the application shall be referred for a hearing, unless the council, the applicant, and everyone else who has made representations agree that a hearing is not necessary.

The hearing will take place before a Licensing Sub-Committee which is made up of three Councillors selected from the full Licensing Committee.

All parties (the applicant, objectors/representatives of objectors, and any responsible authority such as the police, environmental health, etc that has made a representation), will receive a Notice of Hearing. The Notice will set out the date, time and location and explain the procedure to be followed at the hearing. This notice is usually sent out at least ten days before the hearing.

All parties will be able to address the Sub-Committee. All parties are restricted to equal time in order to make their submissions, therefore where there are a lot of objectors/supporters present, the Sub-Committee may request that a spokesperson is nominated.

The Committee will not permit cross examination between parties.

Note: Whilst this is a public hearing only those who have made their identity known through their letter of representation may address the Committee in person.

 Even if you (or your representative) are unable to attend the hearing the Sub-Committee will still consider your written representation.

In making decisions the Sub-Committee will take into account all of the written and verbal evidence before them. They also have a duty to take into account the licensing objectives set out in the Act, The Council’s Statement of Licensing Policy and guidance given by the Secretary of State.

The licensing sub-committee may then:

• grant the application
• reject the application.
• grant the application with modifications

The Committee have 5 days to determine the matter and written confirmation will be distributed to all parties following the hearing.

If any party is aggrieved of the decision, then there is a right of Appeal to the Magistrates Court.

If you wish to withdraw any representations you may do so confirming this in writing, providing you do so no later than 24 hours before any hearing, or otherwise orally at the hearing.

If problems arise following the granting of a licence, anyone can apply for a review of the licence. The procedures followed will be very similar to that of above.

The Responsible Authorities such as the police, public health, planning, fire, trading standards, child protection and environmental health, Home Office enforcement officers can submit their recommendations and take action if problems occur after the grant of a premises licence.

A right of appeal to the Magistrates’ Court is provided for the applicant against a decision by the Licensing Authority.