Reviewing a Premises Licence
People who live or work in the vicinity of a premises licensed
to sell alcohol, provide entertainment, or sell hot food or hot
drink between 11pm and 5am, are able to ask the Council to review
the licence if they are being adversely affected by the operation
of the licence.
A review must be based on a matter arising at or in the vicinity
of the licensed premises and be connected to one or more of the
licensing objectives:
- Prevention of crime and disorder.
- Prevention of public nuisance.
- Protection of children from harm.
Eligibility Criteria
Any of the following may apply for a review:
- Any individual body or business which is not a Responsible
Authority
Applicants must not be under 18 years of age.
Regulation Summary
A summary of the regulations relating to this licence are
available
here.
Application Evaluation Process
Applications can be made in writing or via our online
application system and must be sent to the licensing authority
for the area where the premises are located.
The Licensing Authority cannot initiate its own review, but
‘responsible authorities’ such as the Council’s Environmental
Protection Team may do so - for example, if Environmental
Protection officers have received substantiated complaints of
noise. Similarly, ‘interested parties’ (people who live or
work in the vicinity of a licensed premises, or a body representing
such persons) may initiate a review.
Anyone who believes that a review of a licensed premises may be
necessary in order to promote the licensing objectives should begin
by keeping a note of their reasons for concern. Such a note may be
useful in any subsequent hearing should that be necessary.
Please note that the Licensing Authority cannot accept an
application for review if the comments or objections (otherwise
known as ‘representations’) in support of the application are
frivolous, vexatious or repetitious.
Frivolous or vexatious will bear their ordinary meaning.
Frivolous means silly or trivial; vexatious means done to cause
annoyance or distress. The Licensing Authority must form a view as
to whether a reasonable person would consider the representations
to be frivolous or vexatious. A representation is considered
repetitious if it is identical or substantially similar to one
already considered by the licensing authority when the premises
licence was first granted, or it is identical or substantially
similar to a ground for review in an earlier application which has
already been determined.
When applying for a review it is important to remember that a
copy of your application will be made available to the public, and
you should be willing to present your views to the Council’s
Licensing Sub Committee. You cannot apply for a review
anonymously. You must also send a copy to all Responsible
Authorities, to view the list click here
When the Council receives an application to review a premises
licence, it has to advertise the application on or near the
premises concerned and at the Council offices. The advertising has
to take place for 28 days and will contain details of the grounds
for review.
The Council has one month, following the end of the advertising
period, to hold a hearing to consider the review application.
Everyone who has made representations, as well as the licence
holder, will be invited to attend the hearing which will be open to
the public. All papers relevant to the hearing will also be
publicly available. This will include details of who applied for
the review.The licence holder will be able to respond to the
request for the review and can be legally represented at the
hearing. Both parties can call witnesses.
The review panel will want to find out all the facts about the
problem that has happened as a result of the operation of the
premises, and will ask questions of the applicant, his or her
witnesses and of the licence holder and their witnesses.
At the hearing, the review panel’s powers are far reaching and
they may:
- Decide to take no further action if members find that the
review does not require any steps to promote one or more of the
licensing objectives.
- Issue an informal warning and/or recommend improvement by a
particular deadline.
- Add new conditions to the licence, e.g. reduce hours of trading
or require door supervisors at particular times.
- Exclude a licensable activity, e.g. exclude the performance of
live music.
- Remove the designated premises supervisor.
- Suspend the licence for a period not exceeding three
months.
- Revoke the licence altogether.
The applicant for the review, the premises licence holder and
any person who submitted a representation all have a right of
appeal against the panel’s decision.
The Secretary of State has produced Guidance
under section 182 of the Licensing Act 2003. To view this
guidance click here. The
Licensing Authority when considering any application has
regard to this guidance.
As a requirement of the Act the Licensing Authority has
also produced a Licensing Policy that is used by the
authority when determining applications. To view the Council's
Licensing Policy click here.
The following premises are currently
under review:
0
Will Tacit Consent apply?
No.
Apply online (available soon)
Apply via post
If you wish to apply for a review please
download the relevant form below and complete in full.
If you require any assistance completing your
application please the Council's Crime Reduction officer on 01723
232323 or email: safer.communities@scarborough.gov.uk
Once completed, applications should be sent to the
Licensing Authority, accompanied by any required documentation at
the following address:
The Licensing Authority, Scarborough
Borough Council, Town Hall, St Nicholas Street, Scarborough,
North Yorkshire, YO11 2HG.
Please note that unlike online
applications the applicant is required to send copies of their
applications to the relevant responsible authorities. The
table below details which responsible authorities must receive
copies of the application form.
|
Application
|
Responsible Authority to be
Consulted
|
| New Premises Licence |
All |
| New Provisional Statement |
All |
| Variation of premises licence (full) |
All |
| Review of premises licence |
All |
| Variation of premises licence (minor) |
None* |
| Transfer of premises licence |
Police only |
|
Vary the licence to specify an individual as the designated
premises supervisor (DPS)
|
Police only |
| Interim Authority Notice |
Police only |
| Notification of interest in a premises |
None |
|
*The Licensing Authority will consult those responsible
authorities
it considers necessary
|
|
The addresses for all of the responsible authorities are
available
here.
If you have any questions relating to the
application process or how to complete the forms please contact the
Licensing Service on 01723 232323 or email licensing.services@scarborough.gov.uk.
Register
A public register is available online.
If you wish to view the Council's online register please click
here.
You can also view a copy of the register at the Council's Offices
during normal office hours. To make an appointment to view
the registers please contact the Licensing Service on 01723
232323 or alternatively email licensing.services@scarborough.gov.uk.
Failed Application redress
Please contact the Local Authority in the first
instance.
An appeal against a decision may be made by the applicant
within 21 days from the date of receipt of the notification of the
decision to:
Scarborough Magistrates’ Court, The Law
Courts, Northway, Scarborough, YO12 7AE
Licence Holder redress
Please contact the Local Authority in the first
instance.
If an application is made by the chief police officer, as
detailed below, and interim steps are taken by the licensing
authority you may make representations. A hearing must be held
within 48 hours of your representations.
A licence holder may appeal against any conditions attached to a
licence, a decision to reject a variation application, a decision
to reject a transfer application or a decision to exclude an
activity or person as premises supervisor. An appeal must be
made within 21 days from the date of receipt of the
notification of the decision to:
Scarborough Magistrates’ Court, The Law
Courts, Northway, Scarborough, YO12 7AE
Consumer Complaint
An interested party or responsible authority may apply to the
licensing authority to review a premises licence which
will necessitate a hearing being held by the
Licensing Authority.
An appeal against a decision may be made by the applicant,
licence holder or a party who has made relevant
representations within 21 days from the date of receipt of the
notification of the decision to:
Scarborough Magistrates’ Court, The Law
Courts, Northway, Scarborough, YO12 7AE
A review application pack is
available here.
Other redress
The chief police officer for the police area where the premises
are located can apply to the Licensing Authority for a review of
the licence if the premises are licensed to sell alcohol by retail
and a senior officer has given a certificate that they are of the
opinion that the premises are associated with either serious crime
or disorder or both. A hearing will be held and the licence holder
and other interested parties may make representations.
A chief police officer can give a notice to the Licensing
Authority if they believe that the transfer of a licence to
another, or change in Designated Premises
supervisor under a variation application could undermine crime
prevention objectives. Such a notice must be given within 14 days
of receiving notification of the application.
Trade Associations