Licensing Act 2003
Interested Parties
Interested parties are defined in the
Licensing Act 2003 as:
- a person living in the
vicinity of the premises,
- a body representing persons
who live in that vicinity,
- a person involved in a
business in that vicinity,
- a body representing persons
involved in such businesses.
- an elected member of the licensing authority (irrespective of
vicinity)
The concept of what is and is
not within the vicinity of a premises is not defined clearly by the
Act. The Guidance issued by the Department for Culture Media
and Sport states that the inerested party must be effected by
the activities or behaviour of activities occuring on or
immediately outside the premises.
In practice the Licensing
Authority will consider such things as ambient noise levels, the
closeness of other licensed premises that might reasonably be
contributing to the situation and the geography of the surrounding
area. In an urban setting the distance considered to be “in
the vicinity” is likely to be significantly more restricted than in
an rural setting with little ambient noise and a clear line between
the licensed premise and the interested parties.
If a representation is ruled
“out of vicinity” the ruling may be challenged only by judicial
review.
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