Licensing Act 2003 and the licences required

Applications for a new or varied premises licence or club premises certificate must be advertised by the applicant by way of poster at the premises and an advert in the newspaper. In addition, the council will undertake a letter drop to residents and businesses in the area to advise them of a new application or where increased hours are proposed.

If valid representations are made against the application it will have to be referred to the Licensing Sub-Committee for decision. However, objections must be based on the four licensing objectives. Your local Ward councillor or MP 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.

Procedure on how to seek a review of a premises licence

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

In the first instance discuss the issues informally with the premises 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 the council. Report incidents to the appropriate council team below, or to the police as appropriate:

• Breach of licensing conditions - The Council's Licensing Team on 020 8871 6160
• Noise from entertainment at premises - The Council's Noise Team on 020 8871 6170 during office hours, 020 8871 7869 outside office hours
• Protection of children and safety issues - The Council's Health & Safety Team on 020 8871 6139
• Underage sales - The Council's Trading Standards Team on 020 8871 6160
• Crime and disorder -The Metropolitan Police - licensing section on 020 8247 8607
• Breach of Planning Conditions - Planning Officer on 0208 8871 8871

You should start to keep a written record detailing each incident, including the date, time and how you were affected. This information can be crucial if your complaint cannot be resolved informally.

You can also contact your ward councillor or MP.

2. Who can apply for the review of a premises licence?

Other persons:

• An individual, body or business which is not a responsible authority
  

A responsible authority:

• Police, fire authority, health and safety enforcing authority, planning authority, local authority pollution officer, person responsible for the protection of children from harm, the local weights and measures authority and licensing authority.

3. Grounds for the review

Information including that in the diary must relate to one or more of the licensing objectives. These are:

• The prevention of crime and disorder (for example drug-related problems, disorder, drunkenness and anti-social behaviour)

• Public safety (the physical safety of people using the venue)

• The prevention of public nuisance (for example noise from music, litter and light pollution)

• The protection of children from harm (including moral, psychological and physical harm)

4. How do I go about seeking a review?

You must give notice by completing the attached form and sending it to the Licensing Authority. On the same day you must send a copy of the form, which has your name and address on it, to the holder of the premises licence or to the club in question. You must also send a copy to each of the 8 responsible authorities - details below. The Licensing Authority (the Council) may reject any grounds for review if they are not relevant to one or more of the licensing objectives or if they are frivolous, vexatious or repetitious.  If this is the case you will be notified by the Licensing Authority with the reasons for the decision.

5. What happens next?

The Licensing Authority must advertise the application for review for 28 days by displaying an A4 notice of pale blue colour at, on or near the site of the premises where it can be conveniently read from the exterior of the premises. It will also be advertised in Wandsworth Town Hall and on the council's website. The public notice must, amongst other matters, state the grounds for review and invite representations to the Licensing Authority. The advertisement will also give the date by which relevant representations must be received.

The matter will then go before the Licensing Sub-Committee who will consider the application for review together with any relevant representations. You or your representative must therefore be prepared to go to the Sub-Committee to present your case.

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

• Take no action
• Modify the conditions of the licence 
• Exclude a licensable activity from the scope of a licence 
• Remove the designated premises supervisor 
• Suspend the licence for a period not exceeding 3 months 
• Revoke the licence
  

6. 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.

7. Can the licensee appeal the decision of the Licensing Sub-Committee?

Yes, 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.