The Licensing Act 2003 allows the views of other people and businesses to be taken into account when someone applies to carry out a licensable activity, such as selling alcohol, providing regulated entertainment and providing late night refreshment.
A key feature of the licensing regime is to allow local communities to have a say in licensing decisions that affect them, as well as ensuring that professionals such as the police, fire authorities, trading standards and environmental health officers are able to scrutinise applications and take action if problems occur.
Interested parties and responsible authorities can also ask us to review a licence or certificate if problems occur which undermine the licensing objectives. These objectives are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
There's no fee for a review of a premises licence and certificate.
Who can apply
To have your say you must be an 'interested party' for the premises concerned. This means you must be either:
- a person living in the vicinity of the premises
- a body (eg a residents association) representing people that live in that vicinity
- a person involved in a business in the vicinity of the premises
- a body (eg a trade association) representing people involved in businesses in the vicinity of the premises
How to apply
You can apply for a premises licence or club premises certificate review for a premises located in our licensing area.
Send your completed application form, along with any accompanying documents, to: Barnsley Metropolitan Borough Council, Licensing, Legal Services, PO Box 634, Barnsley, S70 9GG.
What happens next
We first consider whether the reasons for review are relevant to one or more of the licensing objectives and that the application is not frivolous or vexatious. If the application is deemed relevant, we'll make arrangements for a notice to be displayed at the premises allowing a period of 28 days for representations to be made.
Copies of any representations received will be sent to the holder of the premises licence or club premises certificate in respect of which the application has been made. Arrangements will be made for the council's licensing sub-committee to hear the application and representations within 20 working days, beginning the day after the close of consultation. Details of the date and time of the hearing, together with details of the procedures to be followed, will be sent to all those involved 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 five 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 (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, including how they may be able to assist us in relation to the application.
Actions available to the licensing sub-committee
The licensing sub-committee can either make a decision at the end of hearing, or have up to a maximum of five days from the day of the hearing, or the last day of the hearing, to come to a decision.
Following consideration of the application, the sub-committee may:
- decide that no action is necessary to promote the licensing objectives;
- modify or add conditions to the licence;
- exclude a licensable activity from the licence;
- remove the designated premises supervisor;
- suspend the licence for a period (not exceeding three months);
- revoke the licence.
If an applicant, licence holder, responsible authority or interested party is aggrieved by the decision of the sub-committee, they can appeal against the decision to Barnsley Magistrates Court within 21 days of receiving written notification of the sub-committee's decision. Any persons considering such action are advised to take professional advice prior to commencing such proceedings.
The contact details for the Magistrates Court are: Barnsley Magistrates Court, Churchfields, Barnsley, S70 2DW. Telephone: (01226) 320001
Before applying for a review, interested parties may want to consider whether their concerns could be effectively dealt with outside of the formal review process. This could involve:
- talking to the licensee or certificate holder to determine whether there are any steps they may be willing to take to rectify the situation;
- asking us to talk to the licensee on your behalf;
- asking your local MP or councillor to speak to the licensee or certificate holder on your behalf;
- talking to the relevant responsible authority (eg environmental health in relation to noise nuisance, or the police in relation to crime and disorder) to determine whether there is other legislation that could help resolve the issue.