A premises licensing review in England and Wales is a formal process where the license for a venue, such as a pub, club, bar, restaurant, or other licensed establishment, is re-evaluated. This review can result in various outcomes, depending on the findings. Licensing Professionals have created this guide to what is a premises license review and what typically happens during a premises licensing review:
1. Initiation of the Review
Who Can Request a Review: A licensing review can be initiated by responsible authorities (such as the police, fire services, or environmental health officers), local residents, or businesses that are affected by the premises in question. The request for a review is usually made if there are concerns that the venue is not upholding the licensing objectives.
Grounds for Review: The review is requested based on concerns related to the four licensing objectives under the Licensing Act 2003:
The prevention of crime and disorder.
Public safety.
The prevention of public nuisance.
The protection of children from harm.
2. Notice of Review
Public Notification: Once a review is requested, the local licensing authority will notify the premises license holder and other interested parties. A notice of the review is also displayed at or near the premises, allowing the public to be informed and submit their representations.
Submission of Evidence: The parties involved, including the license holder and those requesting the review, can submit evidence or representations supporting their case. This could include incident logs, witness statements, or other relevant documents.
3. Licensing Hearing
Scheduling the Hearing: The local licensing authority will schedule a hearing, typically within 20 working days of the review request being submitted.
Conduct of the Hearing: During the hearing, the licensing committee (a panel usually made up of elected local councillors) listens to evidence from all parties involved. This includes the license holder, those requesting the review, and any responsible authorities or members of the public who have submitted representations.
Consideration of Evidence: The committee will consider all the evidence presented, focusing on whether the premises has breached any of the licensing objectives. They will also take into account any steps the license holder has taken or proposes to take to address the issues raised.
4. Possible Outcomes of the Review
No Action: The committee may decide that no action is necessary if the premises is found to be upholding the licensing objectives.
Modification of License Conditions: The committee may impose additional conditions on the premises license to address the issues identified. For example, they might require changes in operating hours, increase security measures, or restrict certain activities.
Exclusion of Licensable Activities: The committee may decide to exclude one or more licensable activities from the scope of the license. For example, they could prohibit the sale of alcohol or limit the hours during which it can be sold.
Suspension of the License: The committee has the power to suspend the premises license for a period of up to three months. This can give the license holder time to address the issues before resuming operations.
Revocation of the License: In serious cases where the premises is found to be significantly breaching the licensing objectives, the committee may decide to revoke the license entirely, effectively shutting down the venue.
5. Appeals
Right to Appeal: If the license holder or the party requesting the review is unhappy with the outcome, they have the right to appeal the decision to the Magistrates' Court within 21 days of the decision being made.
Implementation During Appeal: Generally, the decision of the licensing committee is not implemented until the appeal process is completed. However, in some cases, interim steps may be taken.
6. Post-Review Actions
Monitoring and Compliance: If the license is modified or conditions are added, the premises will be monitored to ensure compliance. This could involve visits from licensing officers or other responsible authorities.
Further Reviews: If issues persist, further reviews can be requested, potentially leading to more severe actions such as license revocation.
What is a premises Licence Review?- Summary.
A premises licensing review is a critical process that helps ensure that licensed venues operate in a manner that is safe and responsible, in line with the expectations of the community and the law.
Licensing Professionals provide expert consultancy in the Licensing Act 2003. Contact the Licensing Professionals today for further information on all our services.
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