How to make a representation

If you have heard about a licensing application in your neighbourhood and you wish to comment on the proposed changes, you are entitled to make a representation. A representation can be opposed to or in support of an application.

An application is normally for an entirely new licence; or a new licence but where a licence existed previously but has lapsed; or a variation of an existing licence.

We can help you exercise your rights and responsibilities under the legislation by assisting in preparing and submitting an appropriate representation, and/or attending a hearing. Email licensing@westminstercab.org.uk or telephone 020 7706 6029 and leave a message and contact number.

The following information may also assist. Note that this is related to Licensing Act 2003 applications specifically, although similar provisions apply to other types of licence application.

• It is always a good idea to have a look at a copy of the application form submitted by the premises, which is available here. In the application form you should find specific details of what the applicant intends to apply for and what measures they intend to take to minimise nuisance and other problems (referred to as ‘conditions’, which can be attached to a licence granted). It may be that conditions have been or can be proposed which would alleviate concerns.
• Representations must be received by the end of the last date of the consultation period. If a representation is not received by this date, it cannot be considered.
• Representations can be sent by email, post or online. We suggest you send by email or online. The email address is licensing@westminster.gov.uk. Representations can be made online here: https://www.westminster.gov.uk/licensing and click on ‘Comment on a licence application’ and following the instructions. The Council must by law pass copies of objections to the applicant or their representatives. However, this will NOT include personal information such as email addresses.
• It is an offence to knowingly or recklessly make a false statement in connection with a licence application.

You must give reasons for your representation, and you must make sure that you base your representation on the ‘likely effect’ of the grant of the application on the promotion of at least one of the ‘licensing objectives’:

a) Prevention of Public Nuisance.

b) Prevention of Crime and Disorder.

c) Protection of Children from harm.

d) Public Safety.

Specific issues to address

It is important to deal with each aspect of the application that you object to. Some of the common issues that you will need to address in your representation are:

Sale of alcohol –  for instance, if you believe that the sale of alcohol either at all or at the times specified would cause problems, you should explain why you believe so.

Opening and closing times – this is often the most important issue for residents, as this is when the premises’ customers will be arriving at and leaving the premises. You may describe any nuisance caused by customers when they are arriving at or leaving the premises, and how long the disturbance goes on for, or what you think will happen if later hours are granted. Opening hours are not actually ‘licensable activities’ but can be taken into account when assessing the overall impact of the proposed licence on the licensing objectives, and can be controlled by conditions.

“Regulated entertainment” – this term covers showing films, playing music in certain circumstances, dancing, indoor sports and so on. Where a premises has applied to play amplified music, karaoke or other “regulated entertainment” and you think that the noise will disturb you, you should address this in your representation. Please note that in certain circumstances, regulated entertainment is no longer licensable, although there are remedies for residents if this is causing a nuisance.

Drinking outside – conditions can be applied to licences to limit the extent of external activity and ensure that an appropriate balance is maintained between the premises and residents.

You can give details of any noise problems you currently suffer (e.g. loud music etc from inside a bar). Obviously this will not be possible where an entirely new licence is applied for.

If you have called the City Council’s Noise Team, you can give details if you have them. If you have complained to the management or staff at the premises, you can also give details.

Photographs, video and sound recordings can also be included, and can be very useful in showing exactly what the problem is.

Too much information?

Overall, the main thing to bear in mind when you are writing your representation is that although it may seem obvious to you what sort of problems the licence may cause, the Councillors who decide whether to grant the licence need to have details of the problems you are experiencing now, or what problems you believe will occur in the future. This will enable both the applicant and Councillors to be able to look to address the concerns prior to a hearing taking place.

The above is general information only, and it is best to seek more detailed advice on your specific case. You can email us on licensing@westminstercab.org.uk