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 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:
Licensing decisions are always guided by the four objectives of the Act - all of which are of equal weight. They are:
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.
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:
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.
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:
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.
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:
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.
If you commented on a licensing application, the sub-committee might:
If you requested for an existing licence to be reviewed, the sub-committee might:
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.