Managing Licences and Conditions

Licence Review: What Triggers One, How the Hearing Works and How to Prepare

Who can apply to review a premises licence, the 28-day process, the outcomes from added conditions to revocation, expedited reviews after violence, and the evidence that changes the result

A review is the process by which a premises licence is reopened because somebody believes the venue is undermining a licensing objective. It can be started by the police after a fight, by environmental health after months of noise complaints, by trading standards after two failed test purchases, or by a resident who has had enough. It ends at a hearing before the licensing sub-committee with options that run from doing nothing to revoking the licence, and most outcomes fall somewhere in the middle: new conditions, shorter hours, a new DPS. This article explains how a review runs, what the committee can do and how an operator prepares.

Key takeaways

Any responsible authority or resident can apply to review a premises licence for undermining a licensing objective; the police and environmental health bring most.

The review is advertised for 28 days and heard within 20 working days after that by a sub-committee of three councillors.

Outcomes run from no action through added conditions, removed activities, a new DPS and suspension up to three months, to revocation.

The compliance file is the defence; offering realistic conditions yourself usually beats fighting every point.

Who Can Apply and On What Grounds

Any responsible authority (police, fire, environmental health, trading standards, planning, the health body, child protection, the licensing authority itself) or any other person, which includes residents and businesses, can apply for a review on the ground that the premises is undermining one or more of the four licensing objectives. The application has to be relevant, not frivolous, vexatious or repetitious, and the authority screens applications from other persons on that basis. In practice most reviews are brought by the police or environmental health after a period of warnings, and the file of those warnings is the case against you.

The Process: 28 Days and a Hearing

The applicant serves the review on the licence holder and the responsible authorities, and the authority advertises it with a notice at the premises and at its offices for 28 days, during which anyone can make a representation for or against. The hearing must take place within 20 working days after the 28 days end. The licence holder receives the application and all representations, can submit evidence and can be represented. Hearings are public, run by a sub-committee of three councillors, and follow the authority's procedure rules: each party speaks for a set time, the committee questions, the parties sum up, the committee deliberates in private and gives a decision with reasons.

What the Committee Can Decide

The committee must take the steps it considers appropriate to promote the licensing objectives. It can do nothing; modify the conditions, including adding new ones such as door supervision, CCTV, a noise limiter or a dispersal policy; exclude a licensable activity, such as removing recorded music or off-sales; remove the designated premises supervisor; suspend the licence for up to three months; or revoke it. Decisions take effect after the 21-day appeal period unless appealed. Where the police certify that the premises is associated with serious crime or disorder, a summary (expedited) review lets the authority take interim steps within 48 hours, including suspension, before the full hearing.

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Preparing the Defence

The committee decides on evidence, and the operator's evidence is the compliance file: the conditions list and the checks behind it, the refusals and incident logs, CCTV footage of the incidents in question, training records, the door supervision register, correspondence with the police and environmental health showing warnings were acted on, and any changes made since the incidents. Offer conditions yourself where the problem is real: a committee that sees an operator proposing door staff and a noise management plan is more likely to impose those than to revoke. Take advice from a licensing solicitor for any review where suspension or revocation is on the table, and attend the hearing in person with the DPS. An appeal to the magistrates' court is available within 21 days of the decision.

What to do next

Respond to every warning letter in writing

The file of warnings is the review application. A file of warnings each answered with what was done is the response to it.

Keep the compliance evidence exportable

Logs, training records, CCTV retention checks and the conditions checklist should be producible in a day, because a summary review gives you 48 hours.

Common mistakes to avoid

Mistake

Not attending the hearing or sending someone who does not know the venue

Instead

The committee is deciding whether the people running the premises can be trusted to promote the objectives. The licence holder and the DPS should be in the room with the file.

Frequently asked questions

Who can apply for a review of a premises licence?

Any responsible authority, including the police, environmental health and trading standards, and any other person such as a resident or neighbouring business, provided the application is relevant to a licensing objective and not frivolous, vexatious or repetitious.

What can happen at a licence review?

The committee can take no action, modify or add conditions, remove a licensable activity, remove the DPS, suspend the licence for up to three months or revoke it. Decisions can be appealed to the magistrates' court within 21 days.

What is an expedited or summary review?

Where a senior police officer certifies the premises is associated with serious crime or serious disorder, the authority must consider interim steps within 48 hours, which can include suspending the licence, and hold the full review within 28 days.

Managing Licences and Conditions