What is a Review of a Premises Licence?

A Review of a Premises Licence or Club Premises Certificate is an important but little known part of the Licensing Act 2003.  Any licensed premises operating in a way which does not promote the licensing objectives can be brought to the attention of the Licensing Authority by way of a Review.
The licensing objectives are:
·         the prevention of crime and disorder
·         the promotion of public safety
·         the prevention of public nuisance
·         the protection of children from harm

Examples of actions which could result in a Review may include continuous noise from music escaping from premises late at night and causing disturbance to local residents and/or businesses or repeated sales of alcohol to under age persons.  In these examples the first would be a contravention of the public nuisance objective and the second the contravention of the protection of children from harm.

The parties able to call a review are ‘responsible authorities’, (such as the Police, Fire Authority, Trading Standards, etc), and persons who live or have a business who are affected by the operation of the premises.  A Review Application may be made at any time and the person or authority making the Application must also inform the other responsible authorities of the Application.  Details of those authorities are available at each individual Licensing Authority.

Once an Application for a Review has been made the Licensing Authority will decide whether the reasons for the Review are relevant to the premises.  The Licensing Authority must then advertise the Application by placing a notice at or near the premises subject of the Application.  The Application for Review will nearly always result in a hearing before the Licensing Committee.  However, it may be possible for all parties to reach an agreement about improvements to the way the premises are run and the Licensing Authority may agree to waive the need for a hearing.

Following consideration of the Application the Licensing Committee may do one of the following:

·         Decide that no action is necessary to promote the Licensing Objectives
·         Modify or add conditions to the Licence.
·         Exclude a licensable activity from the Licence.
·         Remove the designated premises supervisor (DPS).
·         Suspend the Licence for a period of up to three months.
·         Revoke the Licence.

There is a right of Appeal if an applicant, responsible authority or interested party is unhappy with the decision of the Licensing Committee.  An Appeal may be made to the Magistrates Court within twenty-one days of written notification of the Licensing Committee’s decision.

Please contact us by email, sally@hillslicensing.co.uk if you need any assistance with any of the matters referred to above.

Why do I need a Premises Licence?
A Premises Licence is required where the following “licensable” activities are to be offered:
– retail sale of alcohol
– regulated entertainment
– late night refreshment
– supply of alcohol in clubs (this activity involves the grant of a Club Premises Certificate)

The sale of alcohol by retail is any sale of alcohol made to a customer or member of the public such as in a pub, restaurant or supermarket. The sale of alcohol by a brewery to a publican would therefore not be a sale by retail.

Regulated entertainment involves any entertainment to the public or a section of a the public whether or not a charge is made and includes music, dancing, plays, indoor sporting events and many others.

Late night refreshment is the sale of hot food or hot drink whether for consumption on or off the premises between the hours of 11 pm and 5 am. Examples would include a Chinese Restaurant selling meals after 11 pm as well as a burger van selling burgers after 11 pm on designated pitch.

The supply of alcohol in clubs is covered by a Club Premises Certificate rather than a Premises Licence. There is no actual sale of alcohol as the members of the club “own” the alcohol. The club in question must not operate for profit and there are qualifying criteria which must be followed.

When considering an Application for a Premises Licence four main principles known as the licensing objectives must be considered:

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

The prevention of crime and disorder involves such matters as staff training, the implementation of closed circuit television (CCTV), door supervisors etc.

The promotion of public safety also involves the use of CCTV, evacuation procedures, lighting, fire exits etc.

The prevention of public nuisance could involve the use of noise limiters whether by the Manager or a dedicated noise limiter machine or the use of air conditioning to prevent nuisance smells.

Finally, the protection of children from harm could involve ensuring that all staff are trained in under age sale prevention, the correct use of ID checking and consideration to be given as to whether or not children will be allowed on the premises.

Applications for Premises Licence can be protracted so legal assistance should always be considered.