Premises licence guidance notes

Licence Review

The following is a guide to the Licensing Act 2003 - Reviews.

This information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations arising out of the Licensing Act 2003.

It is the responsibility of the applicant/licensee to become acquainted with and observe the statutory requirements in respect of all activities, entertainments and undertakings the subject of any licence application.

What is a licence review?

Any responsible authority or interested party can apply to the Council at any time for a review of the Premises Licence or Club Premises Certificate for particular premises in the Council's area. The review is a request for the Council to look at the existing licence and decide whether the conditions attached to the licence are adequate to meet the four licensing objectives defined under the Licensing Act 2003.

What are the four licensing objectives?

  1. The prevention of crime and disorder
  2. Public Safety
  3. The prevention of public nuisance
  4. The prevention of children from harm.

Who are responsible authorities?

Responsible authorities are:

Who are interested parties?

An "interested party" is defined in the Act as:

On what grounds can I seek a review of a licence?

A request for a review can only be sought if:

What is the meaning of "frivolous, vexatious or repetitious"?

A frivolous complaint is one so trivial it would be unreasonable to consider. A complaint is vexatious if it is not genuine and is made as a result of a dispute between neighbouring residents and businesses. A complaint is defined as repetitious under the Act if:

It is identical, or substantially similar to:

The Council will decide what a "reasonable interval" is, depending on the circumstances of the case. However, Government guidance says the minimum period between reviews should be at least twelve months in any case, unless there are particularly compelling circumstances.

Members of the Licensing Sub-Committee will consider whether requests for review are frivolous, vexatious or repetitious.

If Members decide to reject an application for review, the Council will write to the party seeking the review and explain the decision and the reasons for it. Parties who are unhappy with a decision may apply to the High Court for a judicial review of the Council's decision.

How do I apply for a review?

You will need to complete an application form seeking a licence review. The application must state:

A copy of the review request form is available from the General Licensing Unit.

Copies of the request for review must be served on the following persons:

AddressTelephone
West Yorkshire Fire & Rescue Service
Halifax Fire safety Office, Skircoat Moor Road, Kingcross, Halifax, HX1 3JF
01422 365381
Calderdale Metropolitan Borough Council
Planning Authority, Town & Country Planning, Northgate House, Halifax, HX1 1UN
01422 392237
Chief Officer of Police, West Yorkshire Police
Calderdale Division, Richmond Close Police Station, Richmond Close, Halifax, HX1 5TW
01422 337059
Calderdale Metropolitan Borough Council
Health & Social Care Directorate, Social Services, Protection & Reviews, 1 Park Road, Halifax, HX1 2TU
01422 363561
Calderdale Metropolitan Borough Council
Environmental Health Services, Northgate House, Northgate, Halifax, HX1 1UN
01422 392325
Health & Safety Executive
Marshall's Mill, Marshall Street, Leeds, LS11 9YJ
0113 2834200
Calderdale Metropolitan Borough Council
Registration & Licensing Services Section, General Licensing Unit, 2nd Floor, Westgate House, Westgate, Halifax,HX1 1PS
01422 393001
West Yorkshire Trading Standards Service
PO Box 5, Nepshaw Lane South, Morley, Leeds, LS27 0QP
0113 2834200

The interested party seeking the review must also serve a copy of the application on the holder of the Premises Licence or Club Premises Certificate for the premises.

The application will not be valid unless it complies with these requirements.

The Council is required to advertise of the application by way of a notice displayed on or near the premises for at least 28 days. This advertisement does not give the name and address of the party seeking the review.

Can I apply anonymously for a review?

No. This is not permitted under the Act.

What happens with my application?

If the application is accepted, the Council will initially suggest that the matter be resolved by agreement of both parties.

If all parties can agree a way forward, there will be no need to hold a hearing.

What if we cannot reach a compromise?

The Council will hold a Licensing Sub Committee meeting to determine the application. The Committee is comprised of elected Members of the Council. They will listen to and consider representations from all parties at a public hearing, before deciding what action to take. The Committee may:

  1. Modify the licence conditions;
  2. Exclude a licensable activity from the licence;
  3. Give a warning to the licence holder;
  4. Remove the Designated Premises Supervisor;
  5. Suspend the licence for a period of not more than three months;
  6. Revoke the licence.

Items 1 and 2 above can also be imposed for a period of not more than three months at the authority's discretion.

At the hearing, parties are only allowed to comment on the matters raised in the request for a review, or to amplify them. Parties are not permitted to bring extra evidence to the meeting, or raise any other issues other than those referred to in the application.

After the hearing

Any decision taken at the hearing will not take effect until the period within which an appeal can be brought has passed (21 days), or until the determination of such an appeal.

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Page Published: 19/04/2007 : Last Updated: 06/10/2010