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Objections and Licence Reviews
This page gives guidance on who can object to licence
applications or request a Review of a Premises Licence once it has
been granted.
What needs licensing?
Any retail sale, or supply in clubs, of alcohol, the provision
of regulated entertainment (music, dance, film, theatre etc.), or
the provision of hot food after 11.00 pm.
What licences are there?
There will be a Premises Licence and if that permits the sale
of alcohol then whoever sells the alcohol will need a Personal
Licence holder as well. The Premises Licence will be a single
licence that will permit any or all of the "licensable
activities".
Who can object to applications?
The legislation defines those who can generally lodge
"representations" as the following:
Interested Party
A person living or involved in business in the vicinity of the
premises, or a body representing those persons who live or carry on
business in the vicinity of the premises.
Responsible Authorities
The Police and Fire, Environmental Health, Health &
Safety, Trading Standards, Planning and Social Services.
The "Licensing Authority" has no power itself to object to any
licence or variation application or to call in a contentious
application so that a licensing sub-committee can consider it, nor
can we initiate a Review of a Premises Licence. Other parts of the
Council such as the Environmental Health, Trading Standards,
Planning may be able to object / request a Review and they would
then be treated as any other objector.
Premises Licences
Any Interested Party or Responsible Authority can object to an
application for a new Premises Licence or a variation of an
existing licence. If no objections are received
the licence will be granted.
Variations
Any changes to a new Premises Licence must be via a Variation
application. An Interested Party or Responsible Authority can
object to variations. If no objections are
received the licence will be granted.
Personal Licences
Only the Police can object to the grant of a Personal Licence
if the applicant has a criminal conviction and the grant of the
licence would undermine crime prevention. If no
objections are received the licence will be granted.
Temporary Event Notices
A Temporary Event Notice is used to authorise events lasting
no more than 96 hours, which are for less than 500 people at any
one time. These Notices are served on the Council and the
Police no less than 10 days before the event. Only the Police can
object to such Notices. If they don't object, the Licensing
Authority must endorse the Notice and the function can go ahead.
The Licensing Authority cannot attach conditions to the
Notice. Local residents and businesses cannot
object themselves.
How will I know if an application has been made?
Applications are entered into a public register held at the
Council Offices and which will also be posted on the Council's
website. The applicant also has to fix a notice
to the premises and advertise the application in the local press
Public Notices (except for temporary event notices).
Premises Licence Reviews
Any Interested Party or Responsible Authority may, at any
time, apply to the Council for a Review of a Premises
Licence.
What grounds can be used for an objection or Review?
The Licensing Act is based around four "licensing
objectives":
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm.
Representations or Reviews must relate to these
licensing objectives and not to any other issues. Representations
must be in writing and may be presented in person at a
subsequent hearing. However, only those issues given in writing
beforehand may be presented at the hearing and so any additional
points may not be raised at the hearing, e.g.:
- dispute between neighbours
- not linked to the licensing objectives
- of no real seriousness
Register of current reviews
The Licensing Authority at Harrogate Borough Council has received an application for the review of a premises licence for:
Frivolous, Vexatious, or Relevant
The law requires that if a representation, or a request for a
Review, is considered by the Council to be frivolous or vexatious
and/or not relevant, then the objection or request will be denied.
There is no appeal against such a decision. A request for a Review
can also be denied if it repeats the grounds of a previous
Review.
What happens to a valid representation?
Licensing Officers will normally attempt to facilitate
negotiation in order to resolve the issue. If no
resolution can be found the representation, or review request, is
required to go before a sub-committee of three Councillors who will
hear the matter and any representations. Please note that the
Licensing Officers are not able to work on behalf of objectors to
help them to prepare their representations or speak on their
behalf. The sub-committee may grant a licence with or without
additional conditions, exclude from the licence a licensable
activity, suspend the licence for up to 3 months, revoke it, or
reject the application or Review request. There is no power to
grant a licence for a limited trial period, and licences will
normally be granted for an indefinite period i.e. until it is
suspended or revoked.
Appeals
The applicant and anyone who lodged an objection may appeal
against the decision of the Council to the Magistrates Court.
Other Legislation
The licensing system is not the only way of regulating licensed premises and other legislation may apply. However, the Act should not duplicate other legislation and so legislation to control noise problems, health and safety at work, or fire safety legislation may be more appropriate to deal with a particular problem.
This webpage provides advice based on information available at the time of writing and this may change. It is intended for guidance only and does not provide authoritative legal advice.