Making representations about a licence application

The Licensing Act 2003 (the Act) was introduced to create a more streamlined and efficient licensing system. It regulates various licensable activities, including:

  • The retail sale of alcohol
  • The supply of alcohol by clubs
  • Regulated entertainment
  • The provision of late-night refreshment

The Act gives the public and other responsible authorities the opportunity to submit representations on applications during a period of public consultation. The licensing authority may then hold a hearing to consider these representations and make a decision on the application.

There is an application for a premises licence in my area. Can I make a representation about it?

The Act permits any person to make a representation in support of, or objecting to, a premises licence application. There is no requirement for you to live within a certain distance of the premises, or have a particular interest, but for comments to be taken into account they must be ‘relevant’. What is relevant is described in the Act.

What is meant by a relevant representation?

For a representation about a licence application to be considered ‘relevant’ under the Act, it must:

  • be submitted to the Licensing Authority in writing;
  • be received by the Licensing Authority before the end of the 28-day period of public consultation; and
  • relate to the likely effect that the grant of an application would have on the promotion of the ‘licensing objectives’ specified in the Act.

Each application is unique. Since every business differs and there are various types of applications and licensable activities, it is crucial to fully understand what an application entails before determining whether to submit a representation that can be considered relevant.

How can I find out more about an application?

If you contact the Licensing Team we can provide more information about the application and will confirm the date by which representations must be received.

Email is the fastest and surest way to ask about an application.

I understand what the application is for and wish to submit a representation.

Keep in mind that for a representation to be considered relevant, it must clearly address the potential impact of granting the premises licence on at least one of the four licensing objectives. The licensing objectives are:

  • the prevention of crime and disorder;
  • the prevention of public nuisance;
  • the protection of children from harm; and
  • public safety.

your representation should clearly explain the concerns you have and how you consider the grant of a licence would affect one or more of these objectives.

Are there any concerns that are inadmissible or may not be considered?

Yes, there are.

Speculation and unsubstantiated claims cannot be considered. A representation can be set aside by the licensing authority if it considers its content to be 'frivolous' (of a minor nature) or 'vexatious' (causing undue annoyance, or is obviously unreasonable).

Additionally, while certain local social issues may raise legitimate concerns for residents, there are often alternative legal and enforcement measures available to address them.

For this reason, the Licensing Act makes clear that certain considerations may not form the basis of relevant representations in relation to licensing applications. They include:

  • The need for the licensed premises (for example, a representation that 'there are enough bars in the area already');
  • The possible effect the grant of an application may have on property value;
  • Moral or ethical views of the sale or consumption alcohol;

Representations based on the above concerns cannot be taken into account when determining a licence application.

What happens after the Licensing Authority receives my representation?

The Council is required by law to:

  • Consider content of the representation to establish whether it is relevant; and
  • Send a copy of your representation to the applicant or their representative.

If relevant representations are submitted during the consultation on an application, they will be included in a report presented to the Licensing Sub-Committee. The Sub-Committee will review the report to decide whether to grant the licence and, if so, under what conditions. This report is a public document.

I have written a representation. Where do I send it?

Representations must be received by the Council by the end of the 28 day public consultation on the licence application. The first day of consultation is the day after a valid application is received by the Council.

A representation can be submitted by email, to enquiries@worcsregservices.gov.uk

If you don’t have access to email, you can send your representation to the following address:

Licensing, Wyre Forest House, Finepoint Way, Kidderminster, DY11 7WF

Representations made by post must be received by the last day of consultation to be considered relevant.

We recommend submitting representations via email, as it is the most reliable and effective way to deliver such an important communication.