Objectors
Information for Objectors (known as `interested parties’ or
responsible authorities’ in the Act)
The Licensing Act 2003 changed the previous licensing systems
for liquor, public entertainment and late night refreshment into a
single licensing system. At the same time, it transferred the
authority of liquor licensing from magistrate's court to local
councils.
Types of licence dealt with by the Licensing Act 2003
Personal licence
This licence authorises an individual to sell or supply alcohol
or authorise the sale or supply of alcohol for consumption on or
off the premises for which a premises licence is in force for that
activity.
To qualify:
- a person must be over 18;
- possess a recognised qualification;
- and be in a position to show that s/he has not been convicted
of certain offences (relevant offences) or foreign offences;
If any of the above are not met the application must be
rejected.
If an individual has been convicted of a relevant offence, or
foreign offence i.e. an offence committed on foreign soil, the
Chief Officer of Police will be notified. The Chief Officer of
Police then has 14 days in which to object and if s/he does so the
authority must hold a hearing. If no objection is made the licence
must be granted. The authority will then consider the application
and must grant a personal licence unless it considers that doing so
would undermine the crime prevention objective.
The applicant should apply in the local authority area in which
they live and, once granted a personal licence will last for 10
years.
Premises licence
This licence authorises the holder to use the premises to which
the licence relates (the licensed premises) for licensable
activities. The premises licence details operating conditions, the
purpose of which is to regulate the use of the premises for
licensable activities in line with the licensing objectives.
Representations may be made about an application for the grant
of a premises licence by a limited class of people who are known as
interested parties e.g. residents and business holders who live in
the vicinity of the premises and responsible authorities such as
the police, the fire authority and public bodies with
responsibility for environmental health. The representations must
concern the promotion of the licensing
objectives.
Once the licence has been granted, the same classes of persons
and bodies may seek a review of the premises licence
and conditions attaching to it, should they have concerns over the
operation of the premises.
A premises licence has effect until the licence is revoked or
surrendered, but otherwise is not time limited unless the
application requests a licence for a limited period.
The applicant should make an application to the authority in
which the property in question is situated.
Club premises certificate
The certificate authorises a qualifying club to use club
premises for qualifying club activities. The qualifying club
activities are a subset of the licensable activities. They are:
- the supply of alcohol by or on behalf of a club to a member of
the club,
- the sale by retail of alcohol by or on behalf of a club to a
guest of a member for consumption on the premises,
- and the provision of regulated entertainment by or on behalf of
the club for its members and guests.
As with premises licences, the right to make representations on
the application for a club premises certificate is given to a
limited range of persons and bodies.
A club premises certificate has effect until the licence is
withdrawn, revoked or surrendered, but otherwise is not time
limited.
The applicant should make an application to the authority in
which the property in question is situated.
Temporary Event Notices (TENs)
These replace occasional permissions and occasional licences.
They apply to licensable events with fewer than 500 people
attending. The event for which the application is made cannot
exceed 96 hours and there must be a minimum of 24 hours between
each event for which a Notice is required.
The authority requires a minimum of 10 clear working days notice
before the event is due to take place.
A maximum of 12 TENs may be served per year in respect of any
one premises.
Up to a maximum of 50 TENs per year are allowable for a Personal
Licence Holder and a maximum of 5 events per year for non-Personal
Licence Holders.
The applicant will apply to the local licensing authority, in
which the relevant premises are situated.
Making an objection (know as 'representation' in the
Licensing Act 2003) to a new premises licence or club premises
certificate or a variation to the licence
In order to make a `representation’ you must:
(i) Write to the council, so that we receive your complaint,
within a specified time limit; (while you may email your intention
you must also immediately send/ bring in (or hand in at an area
office) a written and signed copy of your email or a letter.
Sending an email alone is not sufficient.)
(ii) Be a person who is entitled to make such a representation
(see below);
(iii) Have an objection, which falls within one or more of the
four licensing
objectives
(i) Time Limit within which to make
objections
The Act states the time limits within which we must receive
representations, for them to be valid. The time limits vary,
depending on the type of licence being applied for. Generally this
is 28 days from the date of receipt of the application by us,
however the time limits vary according to the type of application
and so we suggest you contact us immediately if you feel you wish
to complain.
(ii) People who are entitled to make
objections
(a) Interested party
Objectors who fall into one of these categories:
- a person living in the vicinity of the premises (this is not a
scientific calculation but a matter of fact, decided upon by the
licensing manager)
- a body representing persons who live in that vicinity
- a person involved in a business in that vicinity (this is not a
scientific calculation but a matter of fact, decided upon by the
licensing manager)
- a body representing persons involved in such businesses
(b) Responsible authority
Specific people or organisations who are:
- the Chief Officer of Police in the area
- the Fire Authority for the area
- the Council's Health & Safety at Work Officer
- the Council's Pollution & Environmental Health Officer
- the Local Planning Authority
- Kent County Council Social Services, as the child protection
agency/body in the area
- if the premises is a ship or boat - the navigation authority,
Environment Agency, British Waterways Board, Secretary of State the
Weights and Measures Authority
(iii) The Licensing
Objectives:
The Act says that the council can only consider objections,
which fall within one or more of the following categories:
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance; and
- the protection of children from harm.
What next?
If a complaint is received, which appears to be resolvable by
means of discussion and negotiation, the licensing manager will
make every effort to resolve the problem by acting as a mediator
between the parties.
If this fails, or the licensing manager does not believe this
course of action is appropriate then if the representation is not
subsequently withdrawn, you will be notified of a date upon which a
licensing Sub-Committee will consider the application and any
representations received.
The time limit within which a hearing must be held is strict and
therefore the date for the hearing is imposed and will only be
altered if there are extenuating circumstances. More information on
hearings
Once you have made a representation it will be disclosed to the
applicant and will become part of the file of papers used at the
public hearing and will therefore be open to public inspection,
unless you specifically state you do not want this to happen.
Objection form
Contact the Licensing Section
Telephone: 01304 872295
E-mail: licensing@dover.gov.uk
Post:
Licensing Section
Dover District Council
White Cliffs Business Park
Dover
Kent CT16 3PJ
