Licensing Act 2003

Public Involvement

It is now much easier for what are called ‘Interested Parties’ to become involved in the licensing of premises. Applications for new premises licences and the variation of existing ones will be advertised in the local press - applicants can click here for a sample Newspaper Public Notice for the Licensing Act 2003. A Notice will also be displayed on the premises.

The Licensing Act specifies the four objectives that are relevant to premises licences. Only these matters can be taken into account and no others. These are:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

Interested Parties include:

• a person living in the vicinity of the premises in question
• a body representing persons living in that vicinity, for example, a residents association.
• a person involved in a business in the vicinity of the premises in question.
• a body representing persons involved in such businesses, for example, a trade association.

Interested Parties can

• make representations if there are concerns about an application for a new Premises Licence or the variation of an existing one that relates to one of the four licensing objectives. A representation will result in a hearing where the interested party will usually attend to support their case. We have produced a guidance note on making representations which is available by clicking this link. (PDF file, opens in new window.)
• request a review of an existing Premises Licence where it is felt that there is a significant problem that affects one of the four licensing objectives. This will result in a hearing being held to consider whether it it necessary to amend the licence or suspend it for a period of time. Before requesting a licence review, it is suggested that the relevant ‘responsible Authority’ is contacted with a view to them investigating on behalf of the interested party. For example where a premises is giving concerns about noise it is suggested that the Council’s environmental protection team is contacted who could use their own powers or request a review of the licence themselves. We will be issuing guidance on requesting reviews shortly.

Any points that interested parties wish to make need to be capable of being successfully argued in a hearing if necessary. They must not be frivolous or vexatious.