Representations, reviews, complaints, and appeals

Apply for a review of a licence

You can apply for a licence review if a licensed premises such as a betting shop or gaming arcade is causing problems.

What should I do if I have a problem with a licensed premises?

In the first instance discuss the issues informally with the premises manager or licence holder. In many cases they will not be aware of the problem and this will give them the opportunity to resolve the issues.

If this does not lead to an improvement, then you should contact us. See Complain about a licensed premises  for more information.

If you have tried all of the steps, and are still experiencing problems, then you may be able to review the licence.

Who can apply for the review of a premises licence?

An interested party

A person is an interested party if, in the opinion of the licensing authority, they live sufficiently close to the premises to be likely to be affected by the authorized activities, has business interests that might be affected by the authorized activities, or who represent such persons.

A responsible authority

The following are responsible authorities; The licensing authority, the Gambling Commission, police, fire authority, planning officer, local authority pollution officer, person responsible for the protection of children from harm, Her Majesty’s Commissioners of Customs and Excise.

Grounds for the review

A review must be about the licence holder's failure to promote one or more of the licensing objectives. These are:

  • Preventing gambling from being a source of crime and disorder, being associated with crime or disorder, or being used to support crime
  • Ensuring that gambling is conducted in a fair and open way
  • Protecting children and other vulnerable persons from being harmed or exploited by gambling

We will also consider representations that raise issues under the council's Statement of Policy and Principles or the Gambling Commissions Guidance and Codes of Practice.

How do I go about seeking a review?

You must apply to us using the correct application form - Gambling Act 2005 Review application form. You must:

  • send the original to the Licensing Authority.
  • also send a notice of your application to the premise licence holder and to each of the responsible authorities. This notice is in a prescribed form.

Failure to notify the responsible authorities or the licence holder within seven days of submitting the review will make the application invalid.

What happens next?

We will check that the application:

  • Relates to the licensing objectives and is not 'frivolous, vexatious or repetitious'
  • Has been sent to the responsible authorities and the licence or certificate holder

If the application is not valid you will be notified by the Licensing Authority with the reasons for the decision.

If the application is valid we will advertise the application by publishing a public notice:

  • On the council's website
  • By displaying the notice at a place, which is as near as reasonably practicable to the premises to which the application relates, and where it can conveniently be read by members of the public.

The notice: must

  • Provides details of the grounds for the review
  • Invites comments from ‘interested parties’ and 'responsible authorities'
  • Gives dates for receipt of comments. By law we must allow 28 days.

At the end of the consultation period we will send you information confirming when the matter will then go before the Licensing Committee. The Committee will consider the application together with any relevant representations.

Committee meeting

We will aim to hold the hearing within 20 working days following the final date for the receipt of representations.

Attending the meeting

The meeting is a chance for anyone who requested the review or made relevant representations to address the sub-committee directly. You or your representative must therefore be prepared to go to the Sub-Committee to present your case. Someone else (legally qualified or not) can help or represent you, if you want.

We can only consider documents produced for the first time at the hearing if everyone agrees. However additional documentation may be submitted before the day of the hearing.

Making a comment on a review application

Under the Gambling Act 2005 we can only take into account 'relevant representations'. This means a representation made by an 'interested party' or 'responsible authority' that has been submitted within the correct timescale and which is not 'frivolous or vexatious'.

If you want to make a representation about a review application (either in support of or in opposition to the application), you must do so in writing. The date by which we must receive the representation will be on the advertised notice of review. A representation can be submitted by email. In all cases the representation must include your full postal address. The representation must also be about the likely effect of the granting of the application on one or more of the licensing objectives. These are:

  • Preventing gambling from being a source of crime and disorder, being associated with crime or disorder, or being used to support crime
  • Ensuring that gambling is conducted in a fair and open way
  • Protecting children and other vulnerable persons from being harmed or exploited by gambling

We will also consider representations that raise issues under the council's Statement of Policy and Principles or the Gambling Commissions Guidance and Codes of Practice.

Personal details

If you comments on a review application your personal details are not contained in the public documents produced for hearing, for example the report presented to the committee. However the applicant will be sent a copy of all relevant representations received in relation to their application. The Council can, if requested, remove some of the personal details from a representation, for example we could remove the house number from the representation but would keep the street name and the rest of the address. Bear in mind that your representation may carry less weight if your location is not disclosed.

The decision

After hearing all the facts, the Licensing Sub-Committee may:

  • Take no action
  • Add, remove or amend a condition of the licence
  • Exclude a condition attached to the licence, or remove or amend an exclusion
  • Suspend the licence for a period not exceeding 3 months
  • Revoke the licence

Getting help from your councillor

Your local councillor or Member of Parliament may be willing to represent you at the licensing hearing. You should write to them seeking their involvement so that they can show the committee that they were asked to help.

Appeal

The licensee may appeal the decision of the Sub-Committee to the Magistrates Court. If this is the case, you are likely to be asked to attend Court to give evidence. If you are aggrieved by the decision of the Sub-Committee you also have the right to appeal the decision to the Magistrates Court. See Appeal against a licensing decision for more information.