Published on November 2nd, 2012 | by Dean Carr
Licence objections and hearings
A licence hearing is hosted by the licensing committee of a licensing authority. A hearing can result from an objection to a premises licence or personal licence application, or from the review of an existing premises licence.
A hearing usually occurs as a result of a premises licence application. In 2011/12, 3,375 premises licence applications and 612 personal licence applications went to a committee hearing.
The processes and terminology laid out in the Licensing Act 2003 can be confusing, so we have broken it all down in this article.
A contested premises licence application:
• A formal objection to a premises licence application is known as a representation.
• If a representation is made, a licensing authority must hold a hearing to consider the contested premises licence application.
• Representations may be made by responsible authorities or “other persons”- residents or businesses in the vicinity of the premises.
A contested personal licence application:
• A formal objection to a premises licence application is known as an objection
• A licensing authority must hold a hearing to consider contested personal licence applications.
• Only the Police can object to a personal licence application.
A review of an existing premises licence:
• An existing premises licence may be called into question, resulting in a review of licence by the licensing authority. The term “review of licence” refers specifically to this process.
• A hearing will be held by a licensing authority as part of the review.
• A responsible authority or “other persons” may apply for a review of a premises licence.
Source of statistics: Home Office: Alcohol and Late Night Refreshment Licensing Statistics, 2011/12