Reviews & Enforcement
Under the Licensing Act 2003 application can be made to review a premises licence or a club premises certificate. A review application can be submitted by a responsible authority (e.g. Police, Environmental Health Officer) or any other person.
The application to review a premises licence must set out the grounds for review which must be relevant to the licensing objectives. The licensing objectives are:
- Prevention of crime and disorder;
- Promotion of public safety;
- Prevention of public nuisance; &
- Protection of children from harm.
If your premises are subject to a review application it is imperative that you seek legal advice urgently. It may be possible to discuss and negotiate a compromise with the body which has applied for the review. However, it is important to engage in discussions quickly in order to avoid serious risk to a licence.
On receiving a review application the licensing authority must convene a hearing of the licensing sub-committee. This cannot be avoided even if agreement is reached between the parties.
At a licensing review hearing the licensing sub-committee must make a decision on the action to be taken. They may decide to take no action at all. Otherwise they may take any of the following steps:
- Modify the conditions of the licence;
- Exclude a licensable activity from the scope of the licence;
- Remove the designated premises supervisor;
- Suspend the licence for a period not exceeding 3 months; &
- Revoke the licence.
Any action taken by the committee must be appropriate for the promotion of the licensing objectives and must be proportionate.
Expedited or summary licence reviews
There is also power for the Police to initiate an expedited or summary licence for review. This will allow the licensing authority to impose interim steps on a premises within 48 hours of the review being submitted. Those steps can remain in place until the full review hearing is considered which will be within 28 days of the initial application.
Expedited or summary licence reviews are only made when it is considered that the premises are associated with serious crime and/or disorder. They can have a very damaging effect on a premises and it is vital that immediate advice is sought in these circumstances.
If we can assist you in any way, or if you simply want to discuss any licensing & gambling issue, please contact us at any time.