Licensing reviews

The government installed a ‘Review’ procedure into the Licensing Act 2003 to deal with licensed premises that are a problem to the local community or responsible authorities. The review must relate to at least one of the licensing objectives. When presenting this evidence, a panel can decide the relevant course of action such as revoking, suspending, or amending the licence by adding conditions or restricting the licensable activities and hours, or the panel can refuse the review to leave the licence or certificate in its current format.

Only one review will normally be permitted within any 12-month period on similar grounds unless there are exceptional circumstances or if a review arises after a closure order has been given by police. The Act allows the licensing authority to consider if the application is repetitious or unnecessary which they can then refuse on this basis.

In addition, the licensing authority must review a licence if the premises to which it relates was made the subject of a closure order by the police based on nuisance or disorder, and the magistrates’ court has sent the authority the relevant notice of its determination. A review must also be undertaken if the police have made an application for summary review on the basis that premises are associated with serious crime and/or disorder.

Licensing authority is responsible for advertising the review application for 28 days and;

• notices to be displayed on and around the premises that is being reviewed
• notices to be displayed in the council offices
• a copy of the public notice to be placed on the council website

Please note under the legislation local authorities do not have to advertise in a local newspaper.

Summary reviews on application of senior police officer

The chief officer may apply for a review of the premises licence for any premises wholly or partly in that area if;

• the premises are licensed premises in relation to the sale of alcohol by retail; and
• a senior member of that force has given a certificate that it is his opinion that the premises are associated with serious crime or serious disorder or both; and that certificate must accompany the application.

On receipt of such an application, the relevant licensing authority must;

• within 48 hours of the time of its receipt, consider whether it is necessary to take interim steps pending the determination of a review of the premises licence; and
• within 28 days after the day of its receipt, review that licence and reach a determination on that review.

Licensing authority has to give notice of the review to the holder of the premises licence and to every responsible authority and other persons;