Reviews
The operators of licensed premises are required to actively
promote the three licensing objectives:
- (a) Preventing gambling from being a source of crime or
disorder, being associated with crime or disorder or being used to
support crime;
- (b) Ensuring that gambling is conducted in a fair and open way,
and
- (c) Protecting children and other vulnerable persons from being
harmed or exploited by gambling.
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.
Calling for a Review
Application for a review must be 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
Contact the Licensing Section
E-mail: licensing@dover.gov.uk
Telephone: 01304 872295
