At any stage, following the grant of a premises licence or club premises certificate, we may be asked to review the licence or certificate because of a matter arising at the premises in connection with any of the four licensing objectives:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
If the application for a review has been made by a person other than a responsible authority (for example, a local resident, residents’ association, local business or trade association), before taking action the licensing authority must first consider whether the complaint being made is relevant, frivolous, vexatious or repetitious.
Repetitious grounds of review
A repetitious ground is one that is identical or substantially similar to:
- a ground for review specified in an earlier application for review made in relation to the same premises licence or certificate which has already been determined; or
- representations considered by the licensing authority when the premises licence or certificate was granted; or
- representations which would have been made when the application for the premises licence was first made and which were excluded then by reason of the prior issue of a provisional statement; and, in addition to the above grounds, a reasonable interval has not elapsed since that earlier review or grant.
Frivolous and vexatious
A representation may be considered to be vexatious if it appears to be intended to cause aggravation or annoyance, whether to a competitor or other person, without reasonable cause or justification.
Vexatious circumstances may arise because of disputes between rival businesses and local knowledge will therefore be invaluable in considering such matters. Licensing authorities can consider the main effect of the representation, and whether any inconvenience or expense caused by it could reasonably be considered to be proportionate.
Frivolous representations would be essentially categorised by a lack of seriousness.
Frivolous representations would concern issues which, at most, are minor and in relation to which no remedial steps would be warranted or proportionate.
What happens if the review application is valid?
The licensing authority will arrange for the display of a notice of the application for review on or adjacent to the premises, and on the website for a period of 28 days during which any responsible authority or other person may make a representation about the application.
Following the 28 day consultation period a hearing will be held where the licensing and appeals sub-committee will receive a report containing all relevant representations (including names and addresses) and all relevant parties will be invited to verbally address the committee with their representations.
The licensing and appeals sub-committee then have the following powers :
- modify the conditions of the premises licence (which includes adding new conditions or any alteration or omission of an existing condition), for example, by reducing the hours of opening or by requiring door supervisors at particular times;
- exclude a licensable activity from the scope of the licence, for example, to exclude the performance of live music or playing of recorded music (where it is not within the incidental live and recorded music exemption);
- remove the designated premises supervisor, for example, because they consider that the problems are the result of poor management;
- suspend the licence for a period not exceeding three months;
- revoke the licence.
An application to review a premises licence must be in the name of an individual and cannot be made anonymously.
How to apply
To apply for a review of a premises licence you will need to submit the following:
- A completed review application form
- Any supporting evidence/documentation to support your review
There is no fee associated with applying for the review of a premises.
If you apply online then the licensing authority will serve the application on the relevant responsible authorities, but you are required to notify the premises licence holder.
You can submit your application electronically by sending it in to licensing@north-herts.gov.uk
If you submit your application via post then you must also send a copy of the application to all of the responsible authorities and notify the premises licence holder.
A list of these authorities and their contact details can be found attached at the bottom of this page.
The Licensing Team
North Hertfordshire District Council
PO Box 10613
Nottingham
NG6 6DW
Attachments