Frequently asked questions
1. A licensed premises near me has applied to stay open longer. I am concerned that I will be disturbed by noise. Can I comment on the application?
Yes. You are entitled to make a “relevant representation”, which the Council will take in to account when considering whether to grant the application and, if so, in what terms. We can assist you with this. Comments can also be made in support of an application.
2. Where can I find out more information about an application?
You can find details of the application and important dates on the Council’s Licensing Register .
3. How can I view the proposed licence plans?
Plan submitted with applications are usually available on the Licensing Register. If they are not available, you can email the Council’s Licensing Service on [email protected]
4. A gambling premises wants to open in my area and I am concerned about potential problems. What can I do?
Residents have the right to object to betting shop or ‘adult gaming centre’ applications, as ‘interested parties’. The grounds for objection are different to Licensing Act 2003 applications, and the law says that Councils have to ‘aim to permit’ gambling. It is therefore important to obtain specialist advice about what you can do and what you may be able to achieve. Comments can also be submitted in support of an application.
5. A lap-dancing club has applied for a sexual entertainment venue licence. Can I comment?
Yes. You can object to the application. The grounds for objection are wide, but should to be framed in accordance with the parameters in the legislation for refusing an application. Moral objections are not relevant. Feel free to contact us for advice. Comments an also be submitted in support of an application.
6. I am disturbed by noise from people leaving a bar. What can I do about it?
The Council has a range of powers to curtail nuisance and/or breaches of licence conditions. Depending on the type of problem(s) caused, you can report problems the Council using the ‘Report it’ function on the Council’s website. Residents do have the right to apply for a review of a licence. A review is an opportunity to ask for changes to the licence. In extreme cases, the Council can revoke a licence on review but more usually seek to ensure an appropriate balance between residents and the business. It is good practice to try to resolve problems outside of the formal review process, including engaging with the licence holder. We can help you with this.
7. I have been invited to a hearing. What do I need to do? Will I be able to speak?
You will need to inform the Council that you are attending the hearing. You will then be sent a copy of the hearing papers, called the ‘Report to Licensing Sub-Committee’. This may contain proposals by the Applicant to reduce the scope of the application, or add conditions. You can speak at the hearing if you notify the Council that you wish to do so.
8. I am worried that I don’t have a lawyer and won’t be able to do it on my own.
You do not have to be legally represented. Having said that, it can often be helpful to have access to specialist representation. We can advise you and represent you if appropriate, free of charge. Please contact us for further details.
9. A premises near me has applied for a licence to sell alcohol, but they don’t have planning permission. Does this mean that a licence cannot be granted?
No. The licence application will be considered on its own merits, and the licensing authority is not bound by decisions of the planning authority, and vice versa.
10. A restaurant near me has applied for a licence to sell alcohol to 1am. This is far too late, but I wouldn’t oppose a licence to a more reasonable hour. Is this possible?
You can comment on any aspect of the application. As well as having the power to grant the application as submitted or to refuse it completely, the Council may grant it subject to amended hours and other conditions.
11. I made a representation, but my concerns have been alleviated by changes to the application. Can my representation be withdrawn?
Yes, by contacting the Council to inform them that you will withdraw your representation subject to the changes.
12. I have been contacted by the Council telling me that applicant’s solicitor, has offered to meet me. Do I have to meet them?
You do not have to, but it can often be beneficial to do so in order that you can express your concerns to them directly. They may be able to propose additional conditions to address your concerns, or they may amend the hours they have asked for. Alternatively, you could correspond by email or phone.
13. I have made a representation within the consultation period, but I want to submit some more evidence. Can I do this?
Yes. Any further submissions should be received by the Council in good time, preferably in time for inclusion in the Licensing Sub-Committee Report. If this is not possible, or you wish to comment on something in the Report, you can submit further evidence. The Council’s practice is that it must be received by midday on the Monday before a Thursday hearing. In theory, evidence can be submitted up until the day before the hearing, but the Sub-Committee can choose not to take it into account. Additional documentation can only be accepted on the day of the hearing with the consent of all the parties.
14. Can I appeal a decision?
For Licensing Act 2003 and Gambling Act 2005 applications, there is a right of appeal to the Magistrates’ Court for anyone who has submitted a valid representation within the consultation period for the application. However, it is important to take specialist advice on the pros and cons of doing so. There is no right of appeal for objectors to ‘sexual entertainment venue’ applications.