Licensing Reviews
The operators of licensed premises are required to actively
promote the four licensing objectives:
- Prevention of crime and disorder
- Prevention of public nuisance
- Public safety
- Protection of children from harm
Any interested party or responsible authority may call for the review of
a premises licence if they believe that the licensing objectives
are not being promoted.
This process is evidenced based and so it is important that the
person who is calling for a review has evidence to substantiate the
application. The best way to do this is to keep diaries of
the events that have lead to the application including videos or
photographs if they are available. The police and
Environmental Protection maintain computer records of calls made to
them. These records can be called for by the person applying
for the review to assist in substantiating the application. A
record of continued calls in respect of a premise may add weight to
the review application. The Department for Culture Media and
Sport have produced detailed
guidance for persons who are thinking of applying for the
review of a premises licence.
Calling for a Review
Application for a review must be made on the appropriate form and submitted
to the licensing authority. Copies must also be sent on the
same day to the premises licence holder and to each of the
responsible authorities. Failure to send these copies may
render the application as invalid.
The Licensing Manager can refuse to pursue a review that is
deemed to be malicious, vexatious or repetitive. Unless there
are substantially new evidence for seeking a review the application
will not normally be allowed if there has been a review on
substantially similar grounds in the previous 12 months.
The Licensing Authority will then place a
notice on or near to the premises in a position where members of
the public can read it giving notice of the application and calling
for representations either for the review or in support of the
premises licence holder. This notice will be displayed for a
period of 28 days during which time representations can be
made. Representations will only be accepted from responsible authorities or
interested parties.
After the representation period a hearing must
be held within 20 days unless action can be agreed that makes the
review unnecessary. To this end the Licensing Manager is able
to negotiate between the parties to see if there is any way to
avoid the review hearing. Negotiations may continue up to and
sometimes during the hearing.
About 5 days before the hearing and agenda
pack will be sent out that will include:
- A report from the Licensing Manager that outlines the
situation
- A plan of the area
- A copy of the premises licence or club premises
certificate
- Copies of all representations made
- Copies of any responses from the licence holder
- The procedure to be followed
- Any other documentation that it is felt may assist in the
hearing
The Department for Culture Media and Sport has
issued
guidance as to how to make an application for
a 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
