Guidance on representations

The Licensing Act 2003 requires that 'responsible authorities' such as the police, environmental health and others are notified of every application for a new premises licence or variation of an existing licence. An applicant is also obliged to advertise their application in a local paper and place a notice outside the premises for 28 days.

The Act enables responsible authorities and any other person to make relevant representations to us about the effect of the application on the promotion of the licensing objectives. This means that the community have a greater say than ever before in licensing decisions.

A representation may be an objection or a positive comment.

If no relevant representations are made, the licence or variation must be granted in the form that the application was made.

For a representation to be relevant it must be about the likely effect of the application on the promotion of the four licensing objectives. It will not be relevant if we consider it vexatious or frivolous

It is an offence to knowingly or recklessly to make a false statement in connection with an application, the maximum fine on summary conviction is unlimited.

The licensing objectives are:

• Prevention of crime and disorder
• Promotion of public safety
• Prevention of public nuisance
• Protection of children from harm

Putting forward your views on applications

How to make a representation

A representation can be a positive comment or an objection. You can make a representation by emailing: licensing@sstaffs.gov.uk

With the following details:

• Your name, address and telephone number
• Details of the application you are making a representation about
• Details of your representation and how your comments relate to one or more of the licensing objectives
• If there are any changes you would like to see made to the application which would address your concerns
• You will need to state clearly on the email that this is a representation and if writing in, you will need to sign and date your letter

Representations must be submitted us in writing within the 28 day notice period. This time period is stated on the public notice at the premises and in the advert in the local paper. Current applications | South Staffordshire District Council (sstaffs.gov.uk)

Applications are also available for inspection at our offices. Please telephone for an appointment before attending to ensure an officer is available to see you.

We can only consider representations if they are received within the 28-day consultation period.

Restrictions

Any person or responsible authority can make a representation about a premises licence application or club premises certificate application.  However, the representation must relate to one or more of the licensing objectives and be received within the notice period.  

Please be aware that we will send a full copy of your representation (including your name and address) to the applicant.

If we think the representations are relevant we must hold a hearing to determine the application (unless all agree that this is unnecessary).

At the hearing, a sub-committee (three councillors) of the council’s Licensing and Regulatory Committee may do one of the following:

• Decide to grant or vary the licence in the same terms as it was applied for
• Decide to grant or vary the licence, but to modify the conditions
• Decide to refuse to issue or vary the licence
• Decide to exclude one or more licensable activity from the licence

The applicant for a licence or variation and any objectors can address the sub-committee. The sub-committee will listen to the evidence of both sides before making their decision. If a person who has made a representation cannot attend the hearing the sub-committee will consider the person’s written representation.

A similar approach is taken in respect of club premises certificates and provisional statements.

In addition, responsible authorities and any other person have the power to apply to us for a review of existing licences. Such a review can result in the modification of the licence, its suspension, or ultimately revocation. See separate information on reviews or contact us.

The contents of these pages are provided as an information guide only. They are not a full and authoritative statement of the law and do not constitute professional or legal advice. Any statements on these pages do not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003, any subordinate legislation made under it, or statutory guidance issued in relation to it. We accept no responsibility for any errors, omissions or misleading statements on these pages, or any site to which these pages refer. In particular, it must be noted that, although we have made every effort to ensure that the information in these pages is correct; changes in the law and the nature of implementation mean that the information in these pages cannot be guaranteed as accurate.