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Representation

Please note that representations must be in writing and that anonymous correspondence will not be taken into consideration. In order to make a representation to a premises licence application, you must be one of the following:

  • Responsible authority (i.e. Police, Environmental Protection, Trading Standards etc)
  • Other persons (i.e any individual, body or business entitled to make representations).

In order for us to consider your representation, you must make it clear how granting this application will have an impact and is "relevant" to one or more of the following licensing objectives:

  • the prevention of crime and disorder
  • the prevention of public nuisance
  • public safety
  • the protection of children from harm.

Please note that we require your full address in order to consider your representation and it will become a public document. Also, copies of all representations will be supplied in full to the applicant.

Vexatious/frivolous representations

Please note that we cannot accept vexatious or frivolous representations. Vexatious circumstances may arise because of disputes between rival businesses and frivolous representations would be essentially categorised by a lack of seriousness. Also, we cannot accept representations on moral grounds or the lack of 'need' for the premises.

Petition

You can submit a petition, but for it to be legally acceptable please note that it needs to:

  • contain a header outlining the premises name and address, the fact that it is a representation and the reasons for the representation at the top of every page
  • give the name and address of each signatory
  • nominate a spokesperson to receive details about the hearings etc. from the licensing authority and who may be willing to speak on behalf of the petitioners at the hearing.

We will not contact individual petition signatories. You need to therefore contact the individual signatories, if you deem it appropriate.

If a licence application has not been objected to, the council must grant the application and cannot attach any conditions of its own to the licence.

Generally, representations against an application must be made within 28 days (commencing the day after the day on which it was given to the Licensing Authority). Representations can also be rejected on the grounds that they are not relevant to the four licensing objectives.

A valid representation is required to go before a sub-committee of three councillors who hear the matter and the representations. Licensing officers usually give a background report on the premises but will not make recommendations. Please note that licensing officers are not able to work on behalf of representees to help them to prepare their representations or speak on their behalf.

Other courses of action

The licensing system is not the only way of regulating licensed premises and other legislation may apply. The Act should not duplicate other legislation and legislation to control noise problems, health and safety at work or fire safety may be more appropriate to deal with a particular problem.

What happens after a representation has been made?

If the licensing authority considers that the representations are relevant, it must hold a hearing to consider those representations.

Democratic Services will write to you to inform you of the date and time of the hearing and will explain the format of the hearing.

If an applicant withdraws their application after a hearing date has been arranged, the licensing authority will let them know that the hearing has been cancelled. Interested parties should be aware that if they make representations about an application that is later withdrawn, and the applicant makes a new, amended application, their representations will not automatically be taken forward.

Complaints and appeals

If an application for a licence is refused following a licensing sub-committee, the failed applicant can appeal the decision. For example, a licence holder may appeal against any conditions attached to a licence, a decision to reject a variation application, a decision to reject a transfer application or a decision to exclude an activity or person as premises supervisor.

Please contact us directly in the first instance. The appeal must be to the Thames Magistrates Court, 58 Bow Road, London E3 4DJ. A notice of appeal must be given to the justices’ chief executive for the Magistrates Court within a period of 21 days beginning with the day on which the applicant was notified by the Licensing Authority.