Comment on a licence

In this section:

  1. You are here: The Licensing Act 2003 The Licensing Act 2003
  2. You are here: How to comment on a licensing application How to comment on a licensing application
  3. You are here: Review an existing licence Review an existing licence
  4. You are here: What happens after I make a comment? What happens after I make a comment?
  5. You are here: What decisions can the Licensing Sub-Committee make? What decisions can the Licensing Sub-Committee make?

The Licensing Act 2003

The Licensing Act 2003 (the ‘Act’) was introduced to serve as a more flexible replacement system for the issuing of licensable activities. These activities include:

  • the retail sale and supply of alcohol
  • the supply of alcohol for - or on behalf of - clubs
  • regulated entertainment
  • the provision of late-night refreshment

The Act transferred licensing issuing powers to local authorities. Prior to the Act, relevant licences were issued via the magistrates’ court.

As well as giving local authorities new licensing powers, the Act also provided members of the public with the opportunity to comment on licensing applications. This means that anyone can make a comment.

Making a comment is also referred to as ‘making a representation’. Comments can be in favour of, or in objection to, licensing applications.

Babergh and Mid Suffolk District Councils - as the two respective Licensing Authorities - recognise that balancing the interests of those listed below will not always be straightforward:

  • owners and employees of licensable premises, as well as 
  • customers
  • neighbours
  • responsible authorities
  • anyone else – you do not have to live or work near the premises to make a comment

Licensing decisions are always guided by the four objectives of the Act - all of which are of equal weight. They are:

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

Any comments made about a licensing application must relate to at least one of the four objectives, with reference to the licensable activities at the premises.
 

How to comment on a licensing application

Anyone who has applied for a relevant licence must advertise their application in a newspaper and display a notice outside their premises for 28 days.

The relevant licensing authority also has to publish information about the application on their website.
If you would like to comment, you have 28 days from day one of the consultation period. Late representations will not be considered and will be returned.

For a comment to be valid and relevant, it must explain:

  • the impact on one or more of the licensing objectives (see above)
  • the impact of the decision to grant the proposed licensable activities

Comments need to be made in writing (by post or by email). Please ensure post is addressed to The Licensing Team.

Comments that you make, plus your name and address, will be disclosed to the licensing applicant. If your comments proceed to a hearing, these details will also be included in our report - which is a public document.

In some exceptional circumstances, people may feel reluctant to make comments, due to fears of intimidation or violence if their personal details are shared. In these instances, the licensing authority may decide to redact some – or all – personal details.

Review an existing licence

If you feel there is a problem with an existing licence, you can make an application for review. The review application must relate to at least one of the four licensing objectives. 

An application for review can be submitted by one of the responsible authorities. They could be:

  • the police
  • the fire and rescue services
  • from within the local authority(ies):
  • food safety team
  • environmental protection team
  • planning team
  • Trading Standards
  • Public Health

Applications can also be made by anyone else – for example, this could be neighbours, other businesses, resident associations.

Applications for review that are considered to be frivolous or vexatious - or relate to an issue that’s previously been considered - will not be accepted. The decision as to whether an application is relevant or not ultimately lies with the licensing authority.

When the review is submitted and accepted by the Licensing team this must be advertised for a 28-day period. A notice will be displayed on the premises and on our website and comments can be made regarding this matter.

Comments need to be made in writing (by post or by email). Please ensure post is addressed to The Licensing Team. 

Comments that you make, plus your name and address, will be disclosed to the licence holder. If your comments proceed to a hearing, these details will also be included in our report - which is a public document.

In some exceptional circumstances, people may feel reluctant to make comments, due to fears of intimidation or violence if their personal details are shared. In these instances, the licensing authority may decide to redact some – or all – personal details.

What happens after I make a comment?

If the licensing authority decide that a comment is relevant, it must hold a hearing to consider them. 

Sometimes, it is possible for mediation between:

  • the licensing authority
  • the licensing applicant or existing licence holder
  • anyone who has made a comment

to occur before the hearing takes place. If all parties involved can reach a solution – and come to a written agreement – the hearing may be cancelled.

The licensing authority will strongly encourage mediation and will assist in arranging this where possible.

Where an agreement cannot be reached, the hearing will take place before a Licensing Sub-Committee. The sub-committee is composed of three elected members from the licensing authority’s Licensing and Regulatory Committee.

The applicant or existing licence holder, anyone who has made a comment and the relevant responsible authorities will receive a Notice of Hearing. The notice will set out the date, time and location of the hearing. It will also explain the structure the hearing will follow.

If you receive a notice, you must respond to it to confirm whether you can attend the hearing or not.

What decisions can the Licensing Sub-Committee make?

If you commented on a licensing application, the sub-committee might:

  • take no action and grant the licence
  • refuse the application
  • grant the licence, but impose conditions or amend hours
  • exclude certain activities from the licence
  • refuse to specify a particular person as the Designated Premises Supervisor (DPS)

If you requested for an existing licence to be reviewed, the sub-committee might:

  • take no action
  • change, add or remove licence conditions or amend hours
  • exclude certain activities from the licence
  • remove the DPS
  • suspend the licence for up to three months
  • revoke the licence

Anyone involved in a hearing is able to appeal the licensing authority’s decision to the magistrates’ court. Appeals must be made within 21 days of the decision having been made.