Making Representations

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licensing.unit@adur-worthing.gov.uk

Making representations under the Licensing Act

The Licensing Act 2003 enables thorough scrutiny of applications both by authorities and by members of the public, including local residents and businesses.

"Responsible authorities" including Sussex Police, West Sussex Fire & Rescue Service, Adur & Worthing Council Services' Health & Safety Department & Environmental Health Department and ohers will be notified of every application for a new premises licence, or variation of an existing licence. They will have the opportunity to make representations to the licensing authority regarding the effect the application, if granted, would have on the promotion of the licensing objectives.

Every application for a new premises licence or variation must be advertised in the legal section of the local press and notices must be placed on the premises in clear sight of the public for 28 days from the date of application. This publicity enables the public to make relevant representations regarding the application. This gives the local community and users of the area a greater say than ever before in licensing decisions.

For a representation to be relevant it must be one that is about the likely effect of the application on the promotion of one or more of the four licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm 

Also, if the representation is made by a member of the public it will not be relevant if the licensing authority considers it to be "vexatious" or "frivolous".

Similar provisions apply in regards to applications for, or to vary, a club premises certificate and in respect of applications for a provisional statement.

Putting forward your views on applications for, or to vary, a premises licence

When applying for, or seeking to vary, a premises licence, an applicant must give notice of their application to each responsible authority by sending them a copy of the application, together with any accompanying documents, on the same day as the application is given to Adur & Worthing Council Services' Licensing Unit. The applicant is also obliged to advertise his/her application in the legal section of a local paper and place a notice of the application outside the premises for 28 days. Any member of the public, local resident or business will be able to make representation to the licensing authority, if they wish to do so. This includes the ability to raise objections.

All parties have a period of 28 days in which to make representation to the Licensing Authority. The Licensing Act encourages mediation and if relevant representation is recieved mediation will be encouraged. However, if mediation is unsuccessful the Licensing Authority must hold a hearing to consider the application (unless all agree that this is unnecessary). The Licensing Authority then has choices as to how it proceeds depending upon what is appropriate for the promotion of the licensing objectives. 

It may:

• Decide to grant or vary the licence in the same terms as it was applied for. 
• Decide that it is necessary to refuse to issue or vary the licence 
• Decide to grant or vary the licence, but to modify the conditions 
• Exclude from the scope of the licence a licensable activity

In cases where no relevant representation is recieved the licence, or variation, must be granted as applied for subject to the mandatory conditions.

A similar approach is taken in respect of club premises certificates and provisional statements.

Residents

A key feature of the licensing regime is to allow local communities a say in licensing decisions that affect them, as well as ensuring that professionals such as the police, fire authorities, trading standards and environmental health officers are able to scrutinise applications and take action if problems occur.

The 2003 Act allows the views of the public and local businesses to be taken into account when someone applies for a licence or certificate to carry out a licensable activity such as selling alcohol, providing regulated entertainment and providing late night refreshment.

If you think granting a new, or changing an existing licence or certificate would undermine any of the licensing objectives, you can make representations to the relevant licensing authority. You can also apply to the licensing authority to 'review' a licence or certificate if problems are occurring which undermine the licensing objectives. 

Caution for Interested Parties

Those making representation regarding an application under the Licensing Act 2003 should note that all relevant representations received may become public documents and could be published in their entirety in the report that accompanies an application.

It is an offence to knowingly or recklessly make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence is £5,000

The right of appeal against Licensing Authority Decisions

The right of appeal against Licensing Authority Decisions

For those that have made a relevant representation, accepted as such by the Licensing Authority, there is a right of appeal to the magistrates court if they feel that the decision made by the Licensing Authority, Worthing Borough Council, at hearing is unjust.

Under Section 181 and Schedule 5 of the Act, there is a right of appeal to the Magistrates’ Court in respect of applications for new licences and variations of an existing licence open, not only to the applicant but, to any person who has made relevant representation.

Such a person may appeal against a licence being granted, a variation being granted, or against the modification or lack of modification of any conditions.

The Department of Culture, Media & Sport (DCMS) has issued guidance regarding appeals against Licensing Authority decisions. 

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