Who can apply for the review of a licence?
Responsible authorities (such as the police or fire authority) and other persons can ask us to review a premises licence or club premises certificate.
If a person wishes to request a review they will need to show that the activity carried on at the premises affects their 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 (DPS) for the premises concerned to see if any problems can be resolved informally before requesting a review.
Is my request for a review relevant?
A request for a review must relate to one of the following licensing objectives for it to be considered relevant:
- Prevention of crime and disorder
- Public safety
- Prevention of nuisance
- Prevention of harm to children
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 we should review a licence.
We can reject your request for a review if we considers that it is one or more of the following:
- Not relevant to one or more of the licensing objectives
- Frivolous or vexatious
- It is a repetition of a previous request and there has not been a reasonable period (normally 12 months) since a similar request for a review was made
How do I apply for a review of a premises licence?
If you want to apply by post, you need to complete the document Application for a review of a premises licence (97 KB) form with all the required details and send to us at:
Licensing, Malvern Hills District Council, The Council House, Avenue Road, Malvern, Worcestershire, WR14 3AF
What happens once an application for review has been made?
We will advertise any requests for reviews of licences or certificates by displaying a notice at our offices and also on the premises to which the review relates, for 28 days from the day we receive your application.
During this consultation period, responsible authorities and other persons can comment on the review application. If the request for review is not rejected then we must hold a hearing before a Licensing Sub-Committee.
How will I hear if my application for review has been successful?
A notice of hearing will be prepared and this will set out details of the person applying for the review along with the responsible authorities and other persons 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 to inform us if they wish to attend the hearing and speak no later than 5 working days before the hearing.
If a hearing is considered necessary, when is it required to take place?
We are required to hold a hearing within 20 working days following the end of the consultation period.
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, responsible authorities and other persons who have made representations on the application, 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 Licensing Sub-Committee can:
- Decide that no action is appropriate 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).
- Revoke the licence.
Further information on community involvement in licensing decisions can be found on the GOV website.