The operators of licensed premises are required to actively promote the three licensing objectives:
- Preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime
- Ensuring that gambling is conducted in a fair and open way
- 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 us. 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.
We 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.
We will 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. We can 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 a 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
Telephone: 01304 87229