Review of premises licence or club premises certificate
Anyone can apply to the council to review a premises licence or club premises certificate permitted to sell or supply alcohol, provide regulated entertainment or for the provision of late night refreshment (the sale of hot food and drink between 11pm and 5am) if they are being adversely affected by the operation of the venue.
The review must be based upon a matter arising at or in the vicinity of the licensed premises and be connected to one or more of the four licensing objectives which underpin the Licensing Act 2003 being:
- prevention of crime and disorder;
- prevention of public nuisance;
- public safety; and
- protection of children from harm
Review applications are normally submitted by a Responsible Authority. Other persons (i.e. Elected Members, residents, residents associations or other business proprietors) should in the first instance report any concerns they may have about a particular licensed premises (and if necessary keep a diary of incidents) to the appropriate responsible authority.
For example incidents of:
- Crime and Disorder or Anti-Social behaviour – West Midlands Police Licensing Team;
- Noise Nuisance – Environmental Health (Pollution Team);
- Breach of operating hours or conditions – Licensing Enforcement Team;
- Under age sales or counterfeit goods – Chief Inspector of Weights and Measures.
A “other person” can apply for a review of a licence themselves if they have evidence that the premises is being operated in a manner which is undermining the aforementioned objectives.
However they cannot remain anonymous and there is a formal application procedure they would need to follow.
Any person who wishes to apply for a review of a Premises Licence or Club Premises Certificate should take their own independent legal advice from a licensing solicitor before submitting an application so as to ensure that they are fully aware of their liabilities as a result of lodging a review application.
The Home Office has produced guidance document for other persons interested in applying for a review.