From 25th April 2012 any person may make a representation in respect of an application for a premises licence, a club premises certificate, a provisional statement or a review of a premises licence or club premises certificate made in accordance with the Licensing Act 2003. Representations can be in favour of, or against an application. BUT any representation must relate to how the authorisations on the licence (the licensable activities) impact on the promotion of one or more of the four licensing objectives which are:
- THE PREVENTION OF CRIME AND DISORDER
- THE PREVENTION OF PUBLIC NUISANCE
- THE PROTECTION OF CHILDREN FROM HARM
- PUBLIC SAFETY
The public can see details of applications by various means:
- Viewing details on the councils website
- Viewing blue or white notices placed at premises subject to applications
- Viewing the one off public notice in a local newspaper such as the Basingstoke Gazette or Observer.
Representations must be received in writing (which can include email) by the end of the 28 day public consultation period. This date will be printed on any of the above advertising options.
Any representations received after the 28 days will not be considered.
If you representation is deemed relevant the details of it must be passed to the applicant for them to consider the contents. The applicant may offer make amendments to their application to the satisfaction of persons making a representation in which case the representation can be withdrawn. If the applicant makes no changes the application will be referred to the council's Licensing Sub Commitee for determination. Any person making a representation will be invited to attend the hearing and speak about their representation to the Sub Committee.
The Sub Committee will consider all representations whether the person making the representation attends or not and will determine the application at the hearing and provide a written decision notice.
The committee may only have regard to relevant comments and must consider each application on its individual merits and not have regard to other licensed premises in the Borough.
If someone wishes to appeal against a council’s licensing decision, they will have the right to do so to the Magistrates’ court. Rules have been laid down about how this can be done (please see the document at the bottom of this page).
For more information visit www.homeoffice.gov.uk
Click here to view The Licensing Act 2003
Contact: The Licensing Team
Tel: 01256 844844
The first document below may be used as a form for making representations.