Published on November 2nd, 2012 | by Dean Carr
What is a licence review?
In licensing law, a “review” refers specifically to the formal review of an existing premises licence. This will occur when the licensed premises is brought into question. A responsible authority of “other persons” (local residents or businesses) may apply to the licensing authority for a review of the premises licence. The licensing committee of a licensing authority will host the licence review, which takes place in the form of a hearing.
In 2011/12, 1,015 premises licences went before a committee review.
Causes of review:
A premises licence will be called into review if the business has contravened any of the four licensing objectives:
• The prevention of crime and disorder
• The protection of children
• The prevention of public nuisance
• The promotion of public safety
The reasons for licence review*:
Crime & disorder 646 (64%)
Protection of children 292 (29%)
Public nuisance 309 (30%)
Public safety 186 (18%)
Three responsible authorities request the majority of premises licence reviews: Police, Trading Standards Officers and Environmental Health Officers.
The number of completed reviews requested by each responsible authority*:
Police 575 (57%)
Trading Standards Officers 191 (19%)
Environmental Health Officers 95 (9%)
Outcomes of review:
The statistics for 2011/12 demonstrate that a majority of licence reviews will result in conditions added to, or modified on, the premises licence. The emphasis has been on remedying the matter in question and improving the quality of licensed retail. Nevertheless, a licence review remains a serious challenge to the premises licence, with 31% of reviewed licences suspended or revoked in 2011/12.
Action taken following completed reviews*:
Total completed reviews 1,015 (100%)
No action taken 58 (6%)
Operating hours modified 172 (17%)
Licensable activity partially restricted 94 (9%)
Licensable activity completely excluded 30 (3%)
Other conditions added or modified 572 (56%)
Designated Premises Supervisor removed (premises licences only) 83 (8%)
Licence or certificate suspended 127 (13%)
Licence revoked or club premises certificate withdrawn 186 (18%)
*Statistics for England and Wales, 2011/12
Source of statistics: Home Office: Alcohol and Late Night Refreshment Licensing Statistics, 2011/12