This page contains information for local residents or businesses
wishing to apply for a review of a licensed premises. If you need
any help or advice about anything on this page please contact the
Licensing Team, our contact details are at the bottom of the
page.
You can also view a Government factsheet which gives advice
about making an application and the procedure involved:
What is a review?
People who live or work in the vicinity of a premises licensed
to sell alcohol, provide entertainment, or sell hot food or hot
drink between 11pm and 5am, are able to ask the Council to review
the licence if they are being adversely affected by the operation
of the licence.
A review must be based on a matter arising at or in the vicinity
of the licensed premises and be connected to one or more of the
licensing objectives:
- Prevention of crime and disorder.
- Public safety.
- Prevention of public nuisance.
- Protection of children from harm.
Who can apply?
The licensing authority cannot initiate its own review, but
‘responsible authorities’ such as the Council’s Environmental
Protection Team may do so - for example, if environmental
protection officers have received substantiated complaints of
noise.
Similarly, ‘interested parties’ (people who live or work in the
vicinity of a licensed premises, or a body representing such
persons) may initiate a review.
Anyone who believes that a review of a licensed premises may be
necessary in order to promote the licensing objectives should begin
by keeping a note of their reasons for concern. Such a note may be
useful in any subsequent hearing should that be necessary.
Please note that the Council cannot accept an application for
review if the comments or objections (otherwise known as
‘representations’) in support of the application are frivolous,
vexatious or repetitious.
Frivolous or vexatious will bear their ordinary meaning.
Frivolous means silly or trivial; vexatious means done to cause
annoyance or distress. The licensing authority must form a view as
to whether a reasonable person would consider the representations
to be frivolous or vexatious. A representation is considered
repetitious if it is identical or substantially similar to one
already considered by the licensing authority when the premises
licence was first granted, or it is identical or substantially
similar to a ground for review in an earlier application which has
already been determined.
First steps
If you are having problems with a licensed premises, you should
first try to sort out the problem informally with the licence
holder. Tell the licence holder about the problem and give them the
chance to put things right.
If this is not successful you need to build your case. In all
instances you should keep a diary of incidents of noise or
anti-social behaviour, etc - but it is will also be helpful to
report the problem to the Council, even if action cannot be taken
at that time.
In this way information can be built up about the premises and
serve as evidence.
Applying for a review
When applying for a review it is important to remember that a
copy of your application will be made available to the public, and
you should be willing to present your views to the Council’s
Licensing Sub Committee. You cannot apply for
a review anonymously.
If you have good reason you can ask another person such as an MP or
local
councillor to make a representation on your behalf. 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.
The application form can be printed off or downloaded by
following the link below:
Please note that application form can be filled in on a computer
and printed off for submission but completed forms must be signed
and submitted to us as hard copy.
If you want to fill in your application by hand, print out the
form and complete it using black ink and block
capitals. This is important because the form will be
scanned.
Advertising a review
When the Council receives an application to review a premises
licence, it has to advertise the application on or near the
premises concerned and at the Council offices. The advertising has
to take place for 28 days and will contain details of the grounds
for review. The name and address of the person who has applied for
the review will be included in this information.
Hearing a review
The Council has one month, following the end of the advertising
period, to hold a hearing to consider the review application.
Everyone who has made representations, as well as the licence
holder, will be invited to attend the hearing which will be open to
the public. All papers relevant to the hearing will also be
publicly available. This will include details of who applied for
the review.
The licence holder will be able to respond to the request for
the review and can be legally represented at the hearing. Both
parties can call witnesses.
The review panel will want to find out all the facts about the
problem that has happened as a result of the operation of the
premises, and will ask questions of the applicant, his or her
witnesses and of the licence holder and their witnesses.
At the hearing, the review panel’s powers are far reaching and
they may:
- Decide to take no further action if members find that the
review does not require any steps to promote one or more of the
licensing objectives.
- Issue an informal warning and/or recommend improvement by a
particular deadline.
- Add new conditions to the licence, e.g. reduce hours of trading
or require door supervisors at particular times.
- Exclude a licensable activity, e.g. exclude the performance of
live music.
- Remove the designated premises supervisor.
- Suspend the licence for a period not exceeding three
months.
- Revoke the licence altogether.
The applicant for the review, the premises licence holder and
any person who submitted a representation all have a right of
appeal against the panel’s decision.
Contact details
For more information and advice please contact:
Licensing Team,
Suffolk Coastal District Council,
Melton Hill,
Woodbridge,
Suffolk IP12 1AU.
Telephone: 01394 444802.
Fax: 01394 444510.
Email:
licensing@suffolkcoastal.gov.uk.
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