The Licensing Act 2003 makes provision for an interested party or a responsible authority to apply for the review of a premises licence or a club premises certificate.
The licensing system generally provides a light touch approach and allows for the reviews process to be used as a mechanism when problems arise in respect of premises.
There are many possible outcomes of a review application, the most severe being the revocation of a premises licence or a club premises certificate.
Who can apply for a review?
A responsible authority or an interested party may apply for a licence to be reviewed but the grounds for review must be relevant to one or more of the four licensing objectives:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance; and
- the protection of children from harm
Section 13(3) of the Act defines interested parties as:
- a person living in the vicinity of the premises
- a body representing people that live in that vicinity
- a person involved in a business in the vicinity of the premises
- a body representing people involved in these businesses
Club premises certificate reviews
The review of a club premises certificate is slightly different to that of a premises licence. Section 87 of the Licensing Act states (1) Where a club holds a club premises certificate an interested party, a responsible authority, or a member of the club may apply to the relevant licensing authority for a review of the certificate.