Licensing

Review process

The proceedings set out in the Licensing Act 2003 (www.opsi.gov.uk/acts/acts2003/ukpga_20030017_en_1) for reviewing premises licences and club premises certificate represent a key protection for the community where problems associated with the licensing objectives occur after the grant or variation of a premises licence or club premises certificate.

At any stage, following the grant of a Premises Licence or Club Premises Certificate, a Responsible Authority or Interested Party (residents or businesses living in the vicinity) may ask the council, as the Licensing Authority, to review the licence or certificate because of a matter arising at the premises in connection with any of the four licensing objectives.

No more than one review will normally be permitted within any 12-month period on substantially similar grounds, except in exceptional and compelling circumstances or where it arises following a closure order. The Act provides provisions for the Licensing Authority to consider whether the review application is repetitious, vexation and/or frivolous and therefore refuse the application on this basis.

A review application triggered by an interested party must provide evidence to present to the council in support of their application. Any documents should be provided before the Review Hearing. An Interested Party can nominate a representative (solicitor, friend or local ward councillor) to express their comments on their behalf at the hearing.

Application process

An applicant seeking a review must give written notice of the application to the Licensing Authority. The government has set a prescribed application form, which must be completed in full by the person(s) applying for a review.

On completion of the review form, the applicant must, on the same day, serve:

• an original application for review to the Licensing Unit;
• a photocopy of the application to the Licence Holder of the premises that are to be reviewed;
• a photocopy of the application on all the responsible authorities.

It is advisable for applicants to keep either proof of postage, recorded delivery certificate or if delivered by hand, a short statement to confirm the time and date of when they served the application.

If they fail to serve the application for review to all the people above, the application becomes invalid and will be rejected.

Advertising

The council is responsible for advertising the review application for 28 days as follows:

• notices to be displayed on and around the premises that is being reviewed;
• notices to be displayed in the council offices;
• a copy of the public notice to be placed on the council website: any current notices are listed below.

Review Hearing 2008

• Licensing Act 2003 Section 87
• Premises Licences and Club Premises Certificates Regulations 2005 – Regulation 38 (www.opsi.gov.uk/si/si2005/20050042.htmwww.opsi.gov.uk/si/si2005/20050042.htm), review of a premises licence.

In accordance with the above legislation, Medway Council received an application for review from an Interested Party, Mr. S. Boland, for:

Rainham Cricket Club
Berengrove Park, Beregrave Lane
Rainham
Kent ME8 7NA

The grounds for requesting a review were based on the following licensing objectives: prevention of crime and disorder; prevention of public nuisance and the protection of children from harm arising from the operation of the premises. The application was heard by the Licensing Hearing Panel on 27 May 2008 and the panel decided that no action was necessary, as it found that the review did not require it to take any steps necessary to promote the licensing objectives.

Review Hearing 2007

• Licensing Act 2003 Section 51
• Premises Licences and Club Premises Certificates Regulations 2005 – Regulation 38, review of a premises licence.

In accordance with the above legislation, Medway Council received an application for review from Medway Police for:

Prince of Wales
90 Cecil Road
Rochester
Kent ME1 2QT

The grounds for requesting a review were based on the following licensing objectives: prevention of crime and disorder; prevention of public nuisance and the protection of children from harm arising from the operation of the premises. The application was heard by the Licensing Hearing Panel on 2 October 2007 and the panel decided to impose additional conditions to the Premises Licence.

Review Hearing 2006

• Licensing Act 2003 Section 51
• Premises Licences and Club Premises Certificates Regulations 2005 – Regulation 38, review of a premises licence.

In accordance with the above legislation, Medway Council received an application for review from Medway Police for:

Eagle Off Licence
323 Dale Street
Chatham
Kent ME4 6QR

The grounds for requesting a review were based on the following licensing objectives: prevention of crime and disorder; prevention of public nuisance and the protection of children from harm arising from the operation of the premises. The application was heard by the Licensing Hearing Panel on 17 November 2006 and the premises licence was revoked.

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