The Responsible Authorities have 28 consecutive days to consider the application served upon them. Members of the public also have a 28-day period within which to consider making a relevant representation - see 'Representations' below.
Where no objections or relevant representations are made by Responsible Authorities or the public, the Licensing Authority must grant the Premises Licence on the 29th consecutive day subject only to the Mandatory Conditions and the Operating Schedule.
For some premises applications tacit consent will apply. Please see the appropriate page for each licence and change/variation to find out if tacit consent is applicable. This means that you will be able to act as though your application is granted if you have not heard from the Licensing Authority by the end of the target completion period of 60 calendar days.
However, if relevant representations are received, the Licensing Authority must hold a hearing and consider the representations, unless successful mediation has occurred.
The timescales for processing an application do not start until all the necessary information has been received in full.
Tacit consent will only apply to applications that are submitted electronically via the GOV.UK website, or when the applicant can show proof of delivery from a post office or recognised courier.
The Council will hold a hearing where valid objections or representations from Responsible Authorities, or any other person, whether or not they live or have a business in the vicinity, are received:
A representation is not relevant if it does not directly relate to the application and to the promotion of one or more of the licensing objectives (see above).
Representations can be negative (objection) or positive (in support) of the application and must be made in writing or by email (see Contact Information below).
Mediation is successful where all parties, i.e. the applicant, all parties making relevant representations and with the agreement of the Licensing Authority; agree that the reasons for representation have been overcome and that these may be reflected in the licence issued, i.e. the operating schedule/licence conditions.
Hearing (mediation unsuccessful)
Details of the date and time of the hearing together with details of the procedures to be followed will be sent to the applicant, Responsible Authorities and any person who has made a valid representation, at least 10 working days before the day of the hearing.
The applicant and parties described above must give notice to us at least 2 working days before the start of the hearing stating:
- whether they will attend the hearing in person
- whether they will be represented by someone else (e.g. lawyer / councillor / MP)
- whether they think a hearing is unnecessary (if, for example an agreement has been reached before a formal hearing)
- any request for another person to attend the hearing, including how they may be able to assist the Licensing Authority in relation to the application
Hearing - what action is available to the Licensing Sub-Committee?
When a hearing is held, the committee has the following options. These are:
- grant the licence subject to any conditions it considers appropriate for the promotion of the licensing objectives
- exclude from the scope of the licence any of the licensable activities to which the application relates
- refuse to specify a person in the licence as the premises supervisor
- reject the application.
A right of appeal exists to the Magistrates' Court for any party to the proceedings.
Where an application is either granted or rejected, the Licensing Authority will give a notice to that effect to the applicant, relevant responsible authorities and persons having made a successful representation, and the chief officer of police for the area in which the premises is situated. Where there is a hearing, the committee must give clear and comprehensive reasons for its eventual determination of the application.