REVIEW OF PREMISES LICENCE OR CLUB PREMISES CERTIFICATE What is a

REVIEW OF PREMISES LICENCE OR CLUB PREMISES CERTIFICATE What is a review? A review is a procedure whereby local residents or Responsible Authorities(Police, Fire etc) can request the Licensing Authority to reconsider a Premises Licence or Club Premises Certificate which has been granted for the sale of alcohol, regulated entertainment or late night refreshment Who can apply for a review? Applications can be made by ‘interested parties’ e.g. a resident living in the vicinity of the licensed premises or by a Responsible Authorities such as the Police or Fire Authority. What are the grounds for a review? An application for a review must relate to one or more of the four licensing objectives which are:Prevention of crime and disorder Prevention of public nuisance Public safety Protection of children from harm A review will also take place if the Police close the premises for up to 24 hours as a result of a notice from the Magistrates Court. The application for review should not be ‘frivolous’, ‘vexatious, or ‘repetitious’, for example where a Premises Licence has been granted by the Licensing Sub Committee, evidence presented to that hearing cannot be used again for the purpose of a review. Only evidence gathered after the hearing can be submitted. When can an application for a review be made? Application can be made at any time after a premises licence has been granted. However, a reasonable interval must have elapsed since an earlier review or grant of the licence. Is there any alternative action to applying for a review? Licensing Service Environment & Consumer Protection Services T.01895 277433 F.01895 250011 licensing@hillingdon.gov.uk www.hillingdon.gov.uk London Borough of Hillingdon, 3S/09, Civic Centre, High Street, Uxbridge, UB8 1UW Before making an application for a review you may wish to contact the Premises Licence Holder or the Designated Premises Supervisor(the person in day to day charge of the premises) informally to discuss any possible actions they could take to resolve the problems the premises may be causing. Note: contact details can be obtained from Licensing Services. If you do not wish to approach the licensee direct, you can ask the one of the Responsible Authorities to contact them on your behalf to try to resolve the problems. The Environmental Protection Unit or the Metropolitan Police Service may also be able to use other legislation to resolve any problems. How do I apply for a review? Application forms are available from the Licensing Service on the telephone numbers given below. Application forms should be returned to the Licensing Service with copies sent to the Premises Licence Holder and the list of Responsible Authorities which will be enclosed with the form. The council is then required to display a poster at the premises and also at the council offices(Civic Centre) for 28 days. Any other interested parties or responsible authorities can then make their own additional representations if they wish. Following the advertising procedure the application will be determined by a Licensing Sub Committee at a public hearing. GUIDANCE NOTES ON SEEKING A REVIEW OF A PREMISES LICENCE Before completing and returning the application form requesting a review of a Premises Licence you may want to consider the following:• Talk to other local residents and to the Responsible Authorities ( e.g. the Environmental Protection Unit if you are applying on the grounds of ‘public nuisance’ or the Metropolitan Police on the grounds of ‘crime and disorder’) to see if they will support your application or make the application for you. If you raise a petition, ensure that everyone who signs also prints their name and address. The reason for the petition must be detailed on each page of signatures and it is very important that the name and contact details of the petition organiser is included. You can ask another person such as an MP, local councillor or Residents Association representative to speak at the hearing on your behalf. It is advisable to confirm your request in writing. Anyone speaking on your behalf will need to notify Democratic Services. Full details will be sent out with the notification of the hearing. Applications cannot be made anonymously even if a third party speaks on your behalf. This is because the Premises Licence Holder and the Licensing Authority need to be satisfied that the person making the application for review as an ‘interested party’ lives in the vicinity of the premises or is involved in a business in the vicinity. Keep a diary over a period of time of incidents that cause a nuisance, e.g. loud music, incidents of crime and disorder and the action you have taken. For example noise nuisance can be report to the Environmental Protection Unit or the council’s out-of-hours noise team who will record the complaint. You will need to show that these incidents are directly caused by the premises in question. Photographic or video evidence may also be helpful. It should be noted that incidents of crime and disorder in the local area are not the responsibility of the licensee. • • • • Completing the application form for a review: In the opening statement you should enter the name of the person applying for the review, e.g . John Smith Part 1 This section asks for details of the Premises or Club Premises. Details of the Licence Holder and licence number are available from Licensing Services. Part 2 • • • Indicate which category of applicant you are, e.g. ‘a person living in the vicinity of the premises’. Provide your name, address and contact details and the details of any other person supporting your application Indicate which of the licensing objectives your application for review relates to. You may indicate more than one e.g. prevention of crime and disorder and prevention of public nuisance. Grounds for review • Provide as much information as possible including any diary records, dates and times when you have reported problems and how they affected you. It may also be useful to indicate in this section whether you have any video or photographic evidence you wish to present at the hearing. Responsible Authorities • The person making the application for review must send a copy of the application to the Premises Licence Holder and the Responsible Authorities for the area. The Responsible Authorities can then, if they wish, join or support the application or make their own application for a review on different grounds. Note: Contact details are available from Licensing Services. What happens next? • • The council is then required to place a poster at the premises and at the council offices for a period of 28 days so that other ‘interested parties’ can support the application if they wish. Following the consultation period, the Licensing Services will arrange a public hearing by a Licensing Sub Committee to determine the application. All persons making representation must attend the hearing to present their grounds for the application. Full details of the procedure will be forwarded with the ‘notice of hearing’. The Sub Committee may:Decide that no action is necessary to promote the Licensing Objectives Modify or add conditions to the Premises Licence Exclude a licensable activity from the licence(e.g. Live Music) Remove the Designated Premises Supervisor • You will be advised of the Sub Committee’s decision at the hearing and then in writing as soon as possible. • For further information contact Licensing Services: Civic Centre(3S/09) High Street Uxbridge UB8 1UW Tel: 01895 277433 Email: licensing@hillingdon.gov.uk