Licensing Act 2003 Reviews
The Licensing Act 2003 requires licence holders to operate their businesses in a way that continually promotes the licensing objectives; namely to:
• prevent crime and disorder;
• ensure public safety;
• prevent public nuisance; and
• protect children from harm.
If local residents or any of the responsible authorities have concerns about the way a business is being run, we would ask that there be an attempt to speak with the licence holder direct initially.
If this does not improve matters, then an individual or group may refer their concerns to an officer of the responsible authorities and ask that they take the matter up with the licence holder on their behalf. For instance, concerns regarding sales to persons under 18 might be referred to trading standards or to the police. Concerns regarding noise nuisance or litter might be referred to this council's environmental protection team and crime and disorder at the premises should be referred to the police.
If there is no improvement following the involvement of the responsible bodies, then a review of the licence can be requested. The person seeking the review will need to specify which licensing objective(s) is being undermined by the licence holder and provide evidence of the same.
It may be possible to negotiate with a licence holder so that further conditions can be placed on the licence. Adherence to these conditions might improve matters.
If a review is brought, any of the responsible authorities can provide additional representations, as can anyone who lives or works within South Staffordshire.
After a 28 day consultation period the review will be heard by members of the licensing and regulatory sub-committee.
They will consider what is contained within the review application form, any further information provided by the person seeking the review, others who have joined in, the licence holder either before or at the hearing plus whatever people have said at the review hearing.
The sub-committee can take whatever action it thinks is appropriate to ensure the licensing objectives are promoted. They can add or modify conditions, suspend or revoke a licence. They will have regard to law, guidance, the council's policy along with licensing case law.
If you are concerned about the way a licensed premises operates, you should contact the Licensing team.
Telephone: 01902 696804