As a Premises Licence holder you will be under constant scrutiny from the public and authorities.
If they believe you have failed to fulfil any of your Licensing Objectives – the prevention of crime, disorder and public nuisance, the promotion of public safety or the protection of children from harm – they can get your licence called back for Review in front of your local licensing committee.
There are 2 types or Review, the regular Review and Expedited Reviews, also known as a summary review).
The regular review can be commenced by any of the Responsible Authorities, your neighbours or local Councillor. If they believe your premises are undermining the licensing objectives they can make an application to the Licensing Authority asking them to Review your licence.
This will trigger a 28 day consultation period where other parties can join the first complainant calling for a Review of your licence. In order to consider the case the Licensing Authority will call a meeting to which everyone will be invited.
At that meeting your case will be discussed and the committee can decide to revoke part or all of your licence based on the evidence against you. All decisions can be appealed in the Magistrates’ Court but it is best to prepare a good defence before things get to that stage.
Our solicitors will help you identity the main issues in the proceedings and implement a proportionate response, minimising the negative impact whilst correcting the issues that have contributed to the proceedings being started against you. We can represent you at the committee hearing and will do everything to give your case the best possible chance of success.
Expedited Reviews are more serious than licensing Reviews. Instigated by the police, they can only come about if your premises are associated with serious crime or disorder such as a stabbing, glassing or drug dealing.
When a licensing committee receives an expedited review they must decide within 48 hours if any interim measures such as suspending the premises licence are required.
Your licence will then be listed for a full Review within 28 days, during these 28 days other parties can join the Police calling for a Review of your licence. At that hearing the licensing committee will decide whether to let you carry on as you are or revoke your licence based on the evidence against you.
As one of the largest specialist licensing solicitors in the UK, we can help you prepare for this kind of hearing and make any necessary appeals at interim measures or final verdict stage.
A review commenced pursuant to s.53A of Licensing Act 2003, the Licensing Authority must consider the implication of interim steps within 48 hours of receiving an expedited review application.
The core principals of the Licensing Act 2003:
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance; and
- the protection of children from harm.
In England and Wales, a magistrates' court is a lower court, where all the criminal proceedings start and some civil matter including appeals against decisions of local licensing authorities.
A licence issued pursuant to the Licensing Act 2003 or Licensing (Scotland) Act 2005 as appropriate, authorising a defined area to be used for one or more licensable activity.
A review commenced pursuant to s.51 of Licensing Act 2003.
means any of the following:
- the relevant licensing authority and any other licensing authority in whose area part of the premises is situated
- the chief officer of police for any police area in which the premises are situated,
- the Primary Care Trust or Local Health Board for any area in which the premises are situated
- thefire and rescue authority for any area in which the premises are situated,
- the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc. Act 1974 for any area in which the premises are situated,
- the local planning authority within the meaning given by the Town and Country Planning Act 1990 (c. 8) for any area in which the premises are situated,
- the local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,
- a body which—
- represents those who, in relation to any such area, are responsible for, or interested in, matters relating to the protection of children from harm, and
- is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters,
- in relation to a vessel—
- a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c. 57) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is, or is proposed to be, navigated at a time when it is used for licensable activities,
- the Environment Agency,
- the British Waterways Board, or
- the Secretary of State.