How to Comment on Licence Applications

Local residents, Ward Councillors, MPs, residents and businesses may make representations to the Licensing Authority about the grant of or a change to a licence. The Licensing Committee will consider these as long as the objections (representations) are not irrelevant or vexatious.

The first time a licence is applied for, copies will also have to be sent to the 'responsible authorities'. These include the Police, Environmental Health and Social Services Officers and the Fire Authority.

Each of these authorities can make representations about the application that can lead to either conditions being imposed or it being refused.

If an applicant wishes to appeal against a Licensing Committee's decision, then they will have the right to do so at the Magistrates' Court. Rules will be laid down about how this can be done.

All interested parties and responsible authorities will have a period in which they can make representations to the licensing authority about an application. If the licensing authority considers that the representations are relevant it must hold a hearing to consider those representations (unless all agree that this is unnecessary). The licensing authority will then have choices as to how it proceeds depending upon what is necessary for the promotion of the licensing objectives. It may:

decide to grant or vary the licence in the same terms as it was applied for;
decide that it is necessary to refuse to issue or vary the licence;
decide to grant or vary the licence, but to modify the conditions;
exclude from the scope of the licence a licensable activity.

Important note: If no relevant representations are made the licence or variation must be granted.

Who can make representations about a licence application or ask for a review of the licence?

Interested parties are any of the following:

A person living in the vicinity of the premises;
A body representing persons who live in that vicinity;
A person involved in a business in the vicinity of the premises;
A body representing persons involved in these businesses.

Responsible authorities include: the Police service; the Fire service; and the Council’s health and safety, planning, environmental health and trading standards services.

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How will applications be advertised?

All applications for new licences and for variation of existing licences will be advertised by way of:

Details of the application will be provided on at least one blue A4 poster which will be fixed to the outside of the premises for 28 days; and
Details of the application will be provided in the ‘notices’ section of a local newspaper.

In addition, the licensing team will provide details of applications received on the Bracknell Forest Borough Council website.

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How do I make my comments?

Representations must be in writing. You must include your name and address on your representation. You can use the form available to download on the right, but you don’t need to.

Representations must relate to one or more of the four licensing objectives of crime prevention, public safety, public nuisance and child protection.

Crime and disorder: This relates to any crime, disorder or anti-social behaviour related to the management of the premises. The licence-holder cannot be responsible for the conduct of individuals once they leave the premises
Public safety: This relates to the safety of the public on the premises – such as fire safety, lighting and First Aid
Prevention of public nuisance: This can relate to, noise and vibration, noxious smells, light pollution, and litter
Protection of children from harm: This relates to protecting children from the activities carried out on the premises whilst they are on the premises. The law already provides special protections for children, such as making it illegal for children under 18 to buy alcohol

Your comments cannot be considered if they relate to anything else – such as planning permission, trade competition, or the effect on house prices. Frivolous and vexatious representations will also be rejected.
You will be notified if your comments have been rejected because of this.

You may be able to resubmit your comments if there is time, but there is no right of appeal if your comments are rejected on these grounds.

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What happens to my comments?

In the interests of fairness, your name and address will be disclosed to the applicant and will be included or summarised in the report to the Licensing Committee.

You must specifically tell us if you do not wish your name and address to appear in the report to the Licensing Committee, which is a public document.

In some circumstances we may also try and arrange an informal mediation meeting with the applicants to try and resolve common areas of concern.

You will be usually sent a form about the Licensing Committee hearing. This must be returned no later than five working days before the hearing if you want to speak at the meeting or you want to give more information to the committee.

The committee may ask you to clarify some information you have already given. You will also be told about the procedure the committee will use at the hearing. At the hearing, all parties will have the opportunity of putting their case to the committee. They can also ask each other questions.

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What is the deadline for making relevant representations?

Relevant representations must be provided to the licensing authority within 28 days of the application being made. The licensing authority has prevented by law from accepting any representations after that date. This deadline will be confirmed on the poster at the premises, in the newspaper notice and on the Bracknell Forest Borough Council website.

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What are the licensing objectives?

The Act provides four objectives. In carrying out its functions the licensing authorities must do so with a view to promoting the objectives.

They are:

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

These licensing objectives have been formulated in order to ensure that the carrying on of licensable activities is done in the overall public interest. Any representations made in relation to an application for a licence or a variation or in respect of a review must be about the likely effect of granting the application on the promotion of the licensing objectives.

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What are relevant representations?

In brief "relevant representations" is the expression used in the Act for comments including objections on applications etc. For a representation to be relevant it must:

relate to the effect of the grant of the licence on the promotion of the licensing objectives;
be made by an interested party or responsible authority;
not have been withdrawn; or
not be 'frivolous or vexatious' or, in the case of a review, 'repetitious' if made by an interested party.

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What does frivolous, vexatious or repetitious mean?

Frivolous or vexatious will bear their ordinary meaning. The licensing authority must form a view as to whether a reasonable person would consider the observations frivolous or vexatious. In the case of a review of the licence, the Act provides that for a ground to be a repetition it must be identical or substantially similar to a ground for review already made.

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Can the licensing authority impose conditions on a premises licence?

If no relevant representations are made, the only conditions that can be imposed are those that are consistent with the applicant's operating schedule and any mandatory conditions provided in the Act. If relevant representations are made, the licensing authority may modify or add conditions to the operating schedule if necessary in order to promote the licensing objectives.

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If the local pub, club, restaurant etc is currently open and causing disturbance is it possible to request a review of the licence?

Yes. At any stage, following the grant of a premises licence, a responsible authority such as the police or the fire authority, or an interested party, such as a resident in the vicinity of the premises, may apply to the licensing authority to review the licence if there are grounds relating to the licensing objectives.

If an interested party, for example, a local resident, residents' association, or local business applies for a review of the licence, the licensing authority must first consider whether the grounds they have put forward are relevant to the licensing objectives and that they are not vexatious, frivolous or repetitious. If the grounds comply with these tests, the licensing authority must arrange a hearing to consider them and any relevant representations made.

The documents below provide guidance on making an application for review and the neccessary application form.