After applying for a premises licence, the responsible authorities have 28 consecutive days to consider the application. Members of the public also have a 28-day period to consider making a relevant representation.
If no objections or relevant representations are made by responsible authorities or the public, we must grant the premises licence on the 29th consecutive day. This will be subject to the mandatory conditions and the operating schedule.
The timescales for processing an application don't start until we've received all of the required information in full.
Tacit consent
For some premises applications, tacit consent applies. This means that you'll be able to act as though your application is granted if you haven't heard from us by the end of the target completion period of 60 calendar days.
See our webpages for each licence application type to see if tacit consent applies. Where tacit consent does apply, this is only applicable for applications submitted:
- online - either through our website or GOV.UK
- when you can show proof of delivery from a post office or recognised courier
If we receive relevant representations we must hold a hearing and consider these, unless successful mediation has occurred.
Representations
We hold a hearing if we receive valid objections or representations from responsible authorities or any other person. This is whether or not they live or have a business in the vicinity.
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. Representations can be negative (objection) or positive (in support) and must be made in writing or by email.
Mediation
Mediation is successful where all parties (the applicant and all those making relevant representations) agree that the reasons for representation have been overcome. This must be with the agreement of the licensing authority. This may be reflected in the licence issued, ie the operating schedule or licence conditions.
Hearing
A hearing takes place is mediation has been unsuccessful. We'll send details of the date and time of the hearing and procedures to be followed to all those involved. We'll do this at least 10 working days before the day of the hearing.
The applicant for review, any interested parties and responsible authorities must give notice to us at least two working days before the start of the hearing. They must state:
- whether they will attend the hearing in person
- whether they will be represented by someone else (eg lawyer, councillor, MP)
- whether they think a hearing is unnecessary (if, for example, parties have reached an agreement before the formal hearing)
- any request for another person to attend the hearing. They'll also need to include details of how that person may be able to assist us in relation to the application.
Actions available to the licensing sub-committee
The sub-committee has the following options:
- Grant the licence subject to any conditions it deems 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.
Appeal
A right of appeal exists to the Magistrates' Court for any party to the proceedings.
Determination
Where an application is either granted or rejected, we'll give a notice to that effect to:
- the applicant
- relevant responsible authorities
- anyone who has made a successful representation
- the chief officer of police for the area in which the premises is located
Where there's a hearing, the committee must give clear and comprehensive reasons for its determination of the application.
For more information
Call us on (01226) 773555 or