The Licensing Act provides a mechanism for responsible authorities, businesses and residents to call for a review to be undertaken if a licence has been granted and problems subsequently occur.

The reason for the application must fall under one or more of the licensing objectives, which are:

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

Anything that does not fall under one of these headings will not be considered by the Hearing, no matter how problematic.

To apply, there is a specific form that has to be completed and then served on a number of parties. If this is not done correctly, otherwise the Review will fail and there may not be another opportunity to apply again for some considerable time.

Once the application is submitted, there is a process that the Authority will go through, culminating in a hearing.

At a Review Hearing, the Licensing Authority have the power to add conditions to licences, exclude licensable activities, suspend the licence or revoke it completely. There are other powers as well, including the ability to remove the "Designated Premises Supervisor".

The police now have extended powers to call for a 'fast-track' review which can take place within 48 hours rather than the usual 6-8 weeks. There are only restricted circumstances where this can occur, but in these cases it is possible for the Licensing Authority to act without the Licensee being present at the hearing.

Where premises fail to comply with licence conditions or an offence under the Licensing Act is committed, various agencies have the power to issue fixed penalty notices or take a prosecution. Most Licensing Authorities have developed enforcement protocols to explain which agency will lead on particular matters or in various circumstances.

We are willing to advise and act for Responsible Authorities or Licensing Authorities in all forms of enforcement action or the development of enforcement protocols in addition to representing licensees who find that a review has been called on their licence.

We are also willing to act for businesses or individuals who feel that they may be affected by a licensing applicaiton. Preparing for a review can be a difficult process and it is best to seek proper advice early on in the day.

Unlike many law firms, we have the advantage licensing solicitors who have worked in the public sector and others who have worked in private practice. This gives a considerable advantage to our clients as we can see the likely approaches that will be taken by the other side.

 

Contact the team on 01202 551 991 or
e-mail us

 

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