Comment on a gambling licence application

Under the Gambling Act 2005 you have the right to comment if an applicant wants to apply for a new licence or vary an existing licence.

How to comment on an application

You can find out about a new licence application or where an existing premises licence holder is asking to make a variation to the licence by looking at the Licensing Register on the Regulatory Services Hub, through an advert in a local newspaper or by way of a notice posted at or near the venue.

You can comment on an application, either against it or in support of it. This is formally known as making a representation. If you want to make a representation, you must do so in writing and send it to us within 28 days of us receiving the application.

The applications received that are still open to comment or objection by the public can be found on our portal.

To view the licensing registers:

1. Go to the Licensing Register on Regulatory Services Hub
2. Select ‘Applications for Consultation’ from the three tabs at the top of the page
3. Choose ‘Wandsworth’ in the ‘Council Area’ drop-down box
4. Choose a ‘Licence Type’
5. Choose more search options if you want to
6. Click ‘Search’
7. On the right-hand side of each application you will find a blue hyperlink titled ‘Details’. Click this link
8. Details of the application will be displayed and you may make representation at the bottom of the page

You can also send your representation to:

Email: licensing@merton.gov.uk

Please note: You must state the grounds for the representation and include your name and full postal address in your representation. Anonymous representations will not be accepted. Representations which are emailed to this authority will be sent in their entirety to the applicant. If you do not wish your email address to be disclosed, you must send your representation as an attachment.

Who can comment on an application?

When considering a representation, the first thing the licensing authority should determine is whether the representation has been made by a responsible authority or interested party. Only representations from these two categories of persons are admissible. We cannot accept representations from any other person, however interested parties can be people who are democratically elected such as Councillors and Members of Parliament.

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 authorised activities, has business interests that might be affected by the authorised 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.

What you can comment about

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'.

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 councils Statement of Policy and Principles or the Gambling Commissions Guidance and Codes of Practice.

We cannot take into account other considerations, such as proliferation; that there are already too many gambling premises in the locality (although it may be a relevant if it points, as a result, to rises in crime, disorder, underage gambling or problem gambling), and the need for further gambling or gaming premises.

What happens next

We will acknowledge receipt of your representation and 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 heard in public and anyone may attend whether they have raised a representation or not.

Addressing the meeting

All those making relevant representations can address the Licensing Committee directly and are encouraged to do so. We can only consider documents produced for the first time at the hearing if everyone agrees. However additional documents, for example photographs, can be submitted before the day of the hearing. Someone else (legally qualified or not) can help or represent you, if you want.

Personal details

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 the committee has heard all parties it will make its decision. The Licensing Committee may:

• Grant the licence as applied for
• Grant the licence but modify the conditions of the licence, or reduce the hours of licensable activity
• Reject the whole or part of the application

This decision is usually made at the time of the hearing and reasons for the decision will be given.

Appeal

Both the applicant and anyone making representations can appeal to the local magistrates' court if they are dissatisfied with the decision.

Review

Once a licence is granted it is not renewed, it will last for the life of the business or until major changes to the physical layout or operation of the premises are sought. However Responsible Authorities or interested parties can apply for a review of a licence at any time, if licensed premises cause problems relating to the licensing objectives. See apply for a review of a licence for more information.