Objecting to licensing applications

See also:

How licence applications are processed

When a new licence is applied for under the Licensing act 2003, or an application is received to vary the terms of an existing licence, the applicant has a statutory duty to advertise the application in the local press and display notices on or adjacent to the premises for a full 28 days. The Licensing Unit also advertises the current applications, see:

Current Licensing applications and consultations

Copies of the application are sent, by the applicant or in certain circumstances by the licensing authority, to the responsible authorities - including the police, local environmental health department, trading standards, and the fire authority, etc. See:

Licensing authorities

The responsible authorities and any other person can make representations regarding an application. As long as the representation is relevant to the application and the licensing objectives it can lead to mediation or a hearing and either conditions being imposed or even the licence being refused. See:

Statements of Licensing Policy

When relevant representations are correctly made regarding an application but mediation unsuccessful, the Licensing Authority must hold a hearing to consider the application (unless all agree that this is unnecessary). The Licensing Authority then has choices as to how it proceeds depending upon what is appropriate for the promotion of the licensing objectives.

It may:

decide to grant or vary the licence in the same terms as it was applied for
decide that it is necessary to refuse to issue or vary the licence
decide to grant or vary the licence, but to modify the conditions
exclude from the scope of the licence a licensable activity

In cases where no relevant representation is received the licence, or variation, must be granted as applied for subject to the mandatory conditions. See:

Mandatory conditions

A similar approach is taken in respect of club premises certificates and provisional statements under the Licensing Act 2003 and applications under the Gambling Act 2005.

The Act gives all parties to a licensing application the right of appeal to the local Magistrates' court, within 21 days of the decision being published, if they feel the decision made is unjust. See:

Appealing against Licensing Authority decisions

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How to make an objection/representation

If you consider that the granting a new premises licence, or changing the terms of an existing licence (or club certificate) would undermine any of the licensing objectives, or you support an application you can make representation to the relevant Licensing Authority:

for Southwick, Shoreham and Lancing this is Adur District Council
for the Borough of Worthing this is Worthing Borough Council

This applies to any member of the public, a local resident or business, as well as the responsible authorities. See:

Current Licensing applications and consultations

A representation must be made in writing and posted to the Licensing Unit at the address at the bottom of this page or it can be emailed to the Licensing Unit at:

licensing.unit@adur-worthing.gov.uk

All parties have 28 days to make such a representation to the Licensing Authority by contacting the Licensing Unit. To be accepted as a relevant representation that can be considered by officers and the Licensing Committee a representation must be in writing and must include:

your name
your address
details of the application you are objecting to or supporting
your reasons for making representation

Under the Licensing Act 2003 the Licensing Committee can only look at the licensable activity being applied for at the premises and the conditions the applicant is proposing to put in place to control the licensable activity they are proposing to provide. The committee will consider the effects granting a licence would have regarding the licensing objectives. The licensing objectives being:

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

These licensing objectives are the only matters to be addressed by the authority when considering an application. The statutory licensing objectives are the only grounds on which representations can be made, and the only grounds on which an authority will be able to refuse an application or impose conditions in addition to statutory conditions and those proposed by the applicant in the operating schedule.

The Licensing Act 2003 does not allow the Licensing Committee to consider other issues such as local demand, parking, congestion, local amenity or other planning issues

So to be classed relevant, your representation must tie in the licensable activity being applied for, the timings being sought with your views as to how these will impact on the licensing objectives.

In your letter it is important that you include all of your reasons for making the representation.

If your letter is accepted you will be invited to attend any licensing hearing that considers the matter and if you wish you can address the committee. However, you are only allowed to clarify what you have put in writing in the representation and are not allowed to introduce new reasons and arguments. The rules of natural justice dictate that no issue or argument should come as a surprise to any party to a hearing so any new issues/arguments would have to be ignored by the members when making their decision.

It is also important that your representation reaches the Licensing Unit before the close of consultation. The regulations dictate that late representations cannot be accepted.

Petitions

Adur District Council and Worthing Borough Council will accept petitions that meet the licensing objectives however the organiser of the petition must identify themselves as a central point of contact.

Each page of the petition should contain information as to the purpose of the petition so that all persons know what they are signing and full names and address must be supplied.

All signatories must be made aware that a copy of the petition will be supplied to the applicant and a copy will be contained within the committee papers, so their personal details will become public knowledge.

Each signatory will not be written to separately, but instead consider that the organiser will advise each signatory of the hearing date and the final outcome of the application.

Reviews

You can also apply to the licensing authority to review a licence or certificate if problems are occurring at a licensed premises which undermine the licensing objectives. See:

Licence Reviews and Appeals

Caution for members of the public:

Those making representation regarding an application under the Licensing Act 2003 & Gambling Act 2005 should note that all relevant representations received are forwarded without redaction to the applicant to allow full disclosure and any subsequent mediation.

In addition, they may become public documents and could be published in their entirety in the report that accompanies an application or any subsequent appeal hearing

It is an offence to knowingly or recklessly make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for the offence is £5,000.

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Appealing against Licensing Authority decisions

For those that have made a relevant representation, accepted as such by the Licensing Authority, there is a right of appeal to the magistrates court if they feel that the decision made by the Licensing Authority at hearing is unjust.

for Southwick, Shoreham and Lancing this is Adur District Council
for the Borough of Worthing this is Worthing Borough Council

Under Section 181 and Schedule 5 of the Act, there is a right of appeal to the Magistrates' Court in respect of applications for new licences and variations of an existing licence open, not only to the applicant but, to any person who has made relevant representation.

Such a person may appeal against: