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LICENSING ACT 2003-
A Simple Guide to Making Objections and Representations

Licence Applications – Making a representation
Under the New Licensing regime, interested parties, such as residents and businesses in the vicinity of premises, may make a representation to the local authority, if they wish to object to premises in their vicinity applying for a licence, or opting to vary its opening hours. Representations must be made within 28 days of the application for a new licence, or a variation of the existing licence, being made.

Licence Applications – How to find out if an application has been made
A list of all applications made can be found on the council website.  Click the link on the first page and then go to the bottom of the index and click on ‘Making a Representation’ which in the Useful Links section.

Parish Councils and Members will be sent updated lists

In the case of new applications or applications to vary the applicant must also advertise:

Posters
A poster must be displayed prominently on the premises for which the application is made for a period of not less than 28 consecutive days, starting on the day after the application is given to the Licensing Authority.  It must be in an exterior location so that the public can read it conveniently at any time of day.
The poster must be

Newspaper advertisement
An advertisement must be placed in a local newspaper circulating in the vicinity of the premises on at least one occasion during the period of 10 working days starting on the day after the application is given to the Licensing Authority. When the advert has appeared a copy of the page on which it appears must be sent to the Licensing Authority

Licence Applications – On what grounds can an objection be made?
Objections can only be considered relevant if they are made in respect of one or more of the four licensing objectives and should be made in writing [SBDC accepts representations by email]:
The New Licensing Act requires licence holders to adhere to the 4 licensing objectives:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

Each of the objectives is considered of equal importance. Only matters relating to these objectives will be taken into account in determining applications and conditions will only be attached to a licence where considered necessary to achieve these objectives. 

Licence Applications – What is a ‘relevant representation’?
In brief "relevant representations" is the expression used in the Act for comments including objections on applications etc.
 
For a representation to be relevant it must:

• Relate to the effect of the grant of the licence on the promotion of the licensing objectives
• Be made by an interested party or responsible authority
• Not have been withdrawn
• Not be 'frivolous or vexatious' or, in the case of a review, 'repetitious' if made by an interested party
• If it concerns the premises supervisor be made by a chief officer of police and include a statement explaining the reasons for the objection

Representations must be received before the "last date for representations", shown on:

• The Council’s website
• The lists sent to Parish Councils and Ward Members
• The notice displayed on the premises
• A public notice in the local press

Licence Applications – Who or what is an interested party or responsible authority?
Interested parties are any of the following:

• A person living in the vicinity of the premises
• A body representing persons who live in that vicinity
• A person involved in a business in the vicinity of the premises 
• A body representing persons involved in these businesses

Responsible authorities mean any of the following:

• The chief officer of police for the area in which the premises are situated
• The fire authority for the area in which the premises are situated
• The health and safety authority for the area in which the premises are situated
• The local planning authority for the area in which the premises are situated
• The environmental health authority for the area in which the premises are situated
• The body recognised as being responsible for protection of children from harm for the area in which the premises are situated
• With regard to a vessel - the relevant navigation authority, the Environment Agency, British Waterways Board or the Secretary of State
• Inspectors of Weights and Measures (trading standards officers)

Licence Applications – What happens next?
When representations are received a hearing will be held to determine the outcome of the application. Objectors will be invited to attend the hearing to support verbally their views but objections will still be taken into consideration if the objector cannot attend. Hearings are held at the Council Offices either during the day or in the evening and are attended by three members of the council’s licensing committee.

An objector can choose to be supported at the hearing by a representative who may be a local ward councillor  (a Parish Councillor who is not also a District Councillor), MP, legal representative or anyone who can speak on their behalf.
If there are multiple objections from for example residents in the vicinity of the premises, they can choose if they wish to nominate one of their number to speak on their behalf.

Licence Applications – What happens next?
At any stage, following the grant of a premises licence, a responsible authority such as the police or the fire authority, or an interested party, such as a resident in the vicinity of the premises, may apply to the licensing authority to review the licence if there are grounds relating to the licensing objectives.
 
If an interested party, for example, a local resident, residents' association, or local business applies for a review of the licence, the licensing authority must first consider whether the grounds they have put forward are relevant to the licensing objectives and that they are not vexatious, frivolous or repetitious. If the grounds comply with these tests, the licensing authority must arrange a hearing to consider them and any relevant representations made.

Licence Applications – Can Conditions be applied to the licence?
If no relevant representations are made, the only conditions that can be imposed are those that are consistent with the applicant's operating schedule and any mandatory conditions provided in the Act. If relevant representations are made, the licensing authority may modify or add conditions to the operating schedule if necessary in order to promote the licensing objectives.

Licence Applications – What is an Operating Schedule?
The operating schedule is a part of the relevant application form, in which the applicant sets out various details on how the premises are proposed to operate when carrying on licensable activities. It must include the following information:

• the licensable activities to be carried out e.g. indoor sporting events, live music, performances of dance, late night refreshments.
• the proposed hours that the relevant licensable activities are to take place
• the proposed hours that the premises are to be open to the public
• the duration of the licence (if it is to have a fixed term)
• details of who is to be the designated premises supervisor if the licensable activities include the supply of alcohol
• where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off the premises
• a statement of the steps the applicant proposes to take to promote the licensing objectives (for example, the arrangements for door security to prevent crime and disorder)

The significance of the operating schedule is that if the application for the premises licence is granted, it will be incorporated into the licence itself and will set out the permitted activities and the limitations on them.

Licence Applications – What Conditions can be applied to the licence?
Conditions should only be attached to the new premises licence or club premises certificate in order to promote the licensing objectives

There are a range of measures premises and clubs can take to adhere to the licensing objectives. Some suggestions of appropriate measures are listed below, under each licensing objective – these are only a small list of examples and can be added to/amended as the circumstances warrant and should not be treated as mandatory conditions that should be applied to all licences.  When making representations or objections to an application an interested party can suggest conditions that should be applied.
Please note that once a condition has been incorporated into a licence or certificate, it becomes enforceable under the law, and any breach of that condition can give rise to prosecution.

THE PREVENTION OF CRIME AND DISORDER:
The following measures can be adopted to promote the prevention of crime and disorder:
A CCTV system shall be installed, maintained and operated at the Licensed Premises for the duration of the licensable activities to a standard and in accordance with established Thames Valley Police Guidance on installing CCTV as amended from time to time.
The recordings from the system shall be retained for a period of one month and stored during that time in a suitable and secure facility and shall be made available to the Licensing Authority and/or the Police if and when requested. A sign advising patrons that CCTV is in operation shall be positioned in a prominent position at the licensed premises.

A recognized proof of age policy will be enforced at the Licensed Premises by the Licensee or his representative and the Licensee shall display a copy of this Policy in a prominent position in the Licensed Premises.

Advertising material should be displayed in the licensed premises in the form of Beer mats and posters to work towards educating customers in relation to drink driving and crime generally.

The Licensee/Pub Manager will participate in local pub watch meetings.

PUBLIC SAFETY:
The following measures can be adopted to maximise public safety:
The Licensee shall ensure compliance with the Safer Clubbing guide produced by the Home Office – as amended from time to time.

Only toughened glassware or plastic cups/glasses are to be permitted outside of the licensed premises/used to serve drinks for consumption outside/in the beer garden of the licensed premises.

THE PREVENTION OF PUBLIC NUISANCE:
The following steps may be adopted to prevent public nuisance:

Clear legible notices shall be erected on the licensed premises requesting patrons to keep noise to a minimum and to respect local residents privacy when leaving the licensed premises and the area.

All refuse and bottles shall be disposed of by the Licensee or his representative in bins quietly so as not to disturb neighbours or local residents. There shall be no disposal of glass bottles outside of the Licensed Premises between 23.00 hours and 7.00 hours.

Signage shall be erected on the licensed premises requesting patrons to dispose of rubbish in the receptacles provided.


THE PROTECTION OF CHILDREN FROM HARM:
The following steps may be taken to ensure the protection of children from harm:
No children/persons under the age of 18 will be allowed on the licensed premises after  pm.

A recognized proof of age policy will be enforced at the Licensed Premises by the Licensee or his representative and the Licensee shall display a copy of this Policy in a prominent position in the Licensed Premises.