Who can apply for the review of a licence?
Under the Licensing Act 2003, interested parties (residents or people involved in businesses in the vicinity of a premises) and responsible authorities (such as the Police or fire authority) can ask the Council as licensing authority to review a premises licence or club premises certificate.
The Government has not defined how far the vicinity of premises stretches. If you wish to request a review you will need to show that the activity carried on by the premises affects your quality of life.
When can I make a request for a review of the licence?
A request can be made at any time after the licence comes into operation although a licence should be given the chance to operate normally for a few months before a review is made. In the first instance, it is suggested that contact is made with the licence holder or Designated Premises Supervisor for the premises concerned, to see if any problems can be resolved amicably.
Is my request for a review relevant?
Your request for a review must address at least one of the following licensing objectives of the Act to be considered relevant:
A failure by the premises to promote any of the four licensing objectives is the only factor that can be considered in deciding whether or not the Council should review a licence.
The Council can reject your request for a review if it considers that it is one or more of the following:
How do I apply for a review of a premises licence?
You should complete the official application for premises review form [PDF] (243k) with all the required details and send to the Licensing Services Manager at the address located at the bottom of this page.
You must also send a copy of the application for review to all the responsible authorities as well as the Premises Licence holder themselves on the same day as sending the original to the Licensing Services Manager.
What happens once an application for review has been made?
The Council will advertise any requests for reviews of licenses or certificates by displaying a notice at the Council Offices and also on the premises to which the review relates, for 28 days from the day after receipt by the Council.
During this period, other interested parties or responsible authorities may make representations. If the request for review is not rejected then the Council must hold a hearing before the Licensing Sub-Committee.
How will I hear if my application for review has been successful?
A Notice of Hearing will be prepared by the Council’s Committee Services team and this will set out details of the person applying for review along with the interested parties and responsible authorities that have made representations and the Premises Licence Holder. A copy of the notice is sent to all parties indicating the date, time and location of the hearing. All parties named on the notice are asked, by no later than 5 working days before the hearing, to inform the Council if they wish to attend the hearing and speak.
If a hearing is considered necessary, when is it required to take place?
The Council is required to hold a hearing within 20 working days following the first day after the end of the period when representations can be made.
Who is entitled to attend a hearing should one be arranged?
Any member of the public can attend a hearing including the press. However, only the applicant for review, the Premises Licence Holder, interested parties and any responsible authorities who have made representations on the application for review can address the hearing on the application.
What options does the Licensing Sub-Committee have when making its decision on an application for review?
The Sub-Committee can:
- 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 of time (not exceeding 3 months); or
- Revoke the licence.
How can I obtain a copy of the agenda for a forthcoming Sub-Committee hearing or minutes from one which has taken place?
Hard copy agendas are posted to those persons who have made valid representations regarding an application and are sent as a matter of course. Minutes of hearings are published on the Council's website shortly after the hearing has taken place.
These documents can be viewed via the agendas and minutes pages.
Where can I get more information about the Licensing Act 2003?
If you require further information relating to the application process, please contact the Council’s Licensing Services Unit via the details at the bottom of this page.
If you require information generally on the Licensing Act 2003, this can be obtained from the Department of Culture, Media and Sport.
Department for Culture Media and Sport
2-4 Cockspur Street
London
SW1Y 5DH
Tel: 020 7211 6200
Email: enquiries@culture.gov.uk
Web: www.culture.gov.uk (this page opens in a new window)
For any licensing application enquiries, please contact Licensing.
Licensing
Guildford Borough Council
Millmead House
Millmead
Guildford
GU2 4BB
Tel: 01483 444371
Email: licensing@guildford.gov.uk
For committee queries please contact the Committee Administrator.
Committee Administrator
Democratic Services
Guildford Borough Council
Millmead House
Millmead
Guildford
Surrey
GU2 4BB
Tel: 01483 444078
Email: committeeservices@guildford.gov.uk