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Premises and Club Review

Guidance for applying for a Review (Licensing Act 2003)

Premises which do not operate in an acceptable way in terms of the licensing objectives may in extreme cases be closed down by police action or have their scope of operation reduced by the licensing authority.  A Responsible Authority or any other person may apply for a review of a licence or certificate that is in force.  A licensing authority may reject the application for review if it is satisfied that the grounds for review are not relevant to one or more of the licensing objectives:

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

The licensing authority can reject any ground for review from an individual if it considers it to be “frivolous”, “vexatious” or a “repetition”.

An application for a Review cannot be made anonymously.  It is important that the licence holder is able to respond to an application for a review.  If there are genuine concerns about possible intimidation an individual could consider asking the police, or another appropriate responsible authority to apply for a review on their behalf.

Applying for a Review

 Guidance when applying for a Review (81KB - 27 April 2012 - PDF Help)

 Application for the review of a premises licence or club premises certificate (114KB - 26 April 2012) (MS Word)

 Application for the review of a premises licence or club premises certificate (70KB - 26 April 2012 - PDF Help) (PDF)

The form and the guidance are also be available on request from the East Devon Licensing Authority by either writing to the authority at the East Devon District Council, Knowle, Sidmouth, EX10 8HL, telephoning the helpline on 01395 517410/517411 or by emailing licensing@eastdevon.gov.uk.

Before applying for a review you may want to consider whether any concern(s) could be effectively dealt with outside of the formal review process.  This could involve, for example:

• Talking to the licence or certificate holder to determine whether there are any steps they may be willing to take to rectify the situation.
• Asking the District Council’s Licensing Department to talk to the licensee on your behalf
• Ask your local MP or Councillor to speak to the licence or certificate holder on your behalf
• Talking to the relevant “responsible authority” (e.g. environmental health in relation to noise nuisance, or the police in relation to crime and disorder) to determine whether there is other legislation that could help resolve the issue

Things you may want to consider when seeking a review:

• It may be helpful to get the backing of other people living, or businesses operating in the vicinity of the premises, or other “responsible authorities”.
• Look at your licensing authority’s official records about the premises, kept in their ‘licensing register’.  This will show you if other people have made representations, or asked for a review of a premises in the past
• If you are thinking of raising a petition, it is important to include names and addresses and indicate clearly on what grounds a review is being applied for.  It would also help if a spokesperson could volunteer to receive details about the hearings etc. from the licensing authority and may be willing to speak on behalf of the petitioners at the hearing.
• If you want to ask another person such as an MP or local Councillor to represent you at the review, it is advisable to make such a request in writing so that the individual can demonstrate he or she was asked.  It will be a matter for the MP or Councillor to decide whether they should agree to your request. They are not obliged to do so, however, most elected representatives are happy to help residents with this sort of issue, and there is no requirement for them to live in the vicinity of the premises in question for them to be able to make representations on behalf of residents that do.  It should be noted that Councillors who are part of the licensing committee hearing the application will not be able to discuss the application with you outside the formal hearing, so it is suggested that you do not approach them to try to.
• For individual incidents, try to get as much information as possible about any official response (e.g. – police being called out).
• You may also be able to back up your application with data such as crime statistics.  However, it should be noted that conditions attached to licences cannot seek to manage the behaviour of customers once they are beyond the direct management of the licence holder and his staff or agents, but can directly impact on the behaviour of those under the licensee’s direction when on his premises or in the immediate vicinity of the premises as they seek to enter or leave.
• If there is general noise nuisance on streets because of licensed premises, you will probably need to show how it relates to the specific premises.
• It is important to be able to back up your claims.  You could do this by keeping a diary over a period of time, for example.  Sound or video recordings may also be helpful.  It may also be a while before any hearing, so it is good to keep a clear record.
• Residents or businesses applying for a review following a particular incident should be cautious, as a licensee may argue that this was a one off problem that can be rectified without a review.  
• Have a good idea how you’d like the situation to be resolved. 

If you have any queries about applying for a review please contact the Licensing Section at the Council Offices, Knowle, Sidmouth, EX10 8HL or by telephoning the helpline on 01395 517410/517411 or by emailing licensing@eastdevon.gov.uk.

Page last updated on 24 May 2012