The Licensing Act 2003 (the Act) enables thorough scrutiny of applications both by experts and by local residents and businesses. Responsible authorities, including the police, fire authority, trading standards, health and safety and environmental health are notified of every application for a new premises licence, or variation of existing licences, and have the opportunity to make representations to the Council about the effect of the application on the promotion of the four licensing objectives.
Interested parties can make representations in respect of new applications and variations to current applications.
How to make representations to an alcohol licence
Under the Licensing Act objections and support are referred to as Representations.
You can object/ support to an application if you are :-
a person living in the vicinity of the premises
a body representing persons who live in the vicinity of the premises
a person involved in a business in that vicinity
a body representing persons involved in such businesses
any person or business may make representations on premises licence applications or club premises certificate applications
You can only make representations to an application based on number of licensing objectives, which are the :-
prevention of crime and disorder
public safety
prevention of public nuisance
protection of children from harm.
The licensing authority is required under the Licensing Act 2003 (Hearings) Regulations 2005 to provide the applicant with full copies of the relevant representations that have been made including names and addresses of persons making representations.
In exceptional circumstances, persons making representations to the licensing authority may be reluctant to do so because of fears of intimidation or violence if their personal details, such as name and address, are divulged to the applicant.
Where licensing authorities consider that the person has a genuine and well-founded fear of intimidation and may be deterred from making a representation on this basis and decide to withhold some or all of the person’s personal details from the applicant, giving only minimal details (such as street name or general location within a street). However, withholding such details should only be considered where the circumstances justify such action. The final decision to withhold data rests with the licensing authority.
Please be aware that unless you make a specific request to the licensing authority your representation will be forwarded in its entirety unedited to the applicant, committee members and interested parties.
A notice must be displayed on the premises within one day of the us receiving the application for applications and variations to premises licences and club premises certificates.
In addition, within 10 days of us receiving the application, a notice must be placed in the local newspaper.
Representations may be made in support or objecting to a licence application or variation. You have 28 days to make your representations with regard to new applications and full variations known to the licensing authority and 10 days for minor variations.
If you wish to make representations with regards to a particular licence this can be done from the current list ofLicences Awaiting Approvalfor new applications or from the current list ofVariation to Premises Licencelist for Variations.
When you make your representation, you must provide us with:
Details of the premises including the application reference number, so we can check which premises your objection refers to.
Your objections and a note of which licensing objectives apply to your comments.
Your contact details, so we can confirm receipt and invite you to attend any hearing to determine the licence application.
Representations can be submitted on line, by email or in writing to us. Verbal representations will not be accepted. Contact Details can be found below.
If a representation, is considered by the licensing authority to be frivolous or vexatious, then the objection will not be considered. There is no right of appeal.
The Licensing Committee will consider applications and make a decision based on the evidence placed before it from the applicant, objectors and responsible authorities.
How to complain about an alcohol licence
If you experience noise, disturbances or believe that premises are in breach of their licence, make a note of the incidents recording the date, time and what happened.
You can then contact us and make a complaint using the Contact Details below..
If you witness a serious incident at a licensed premises such as violence, contactWest Midlands Policeimmediately.
Report underage sale of alcohol
Are you worried that children in your area could be buying alcohol from a local shop or are being supplied alcohol by people aged over the age of 18?
Remember, it is an offence to sell alcohol to children under the age of 18. Children's health is put at risk by underage drinking and it fuels youth crime and and anti-social behaviour.