Guidelines for Interested Parties
All applications for new licences or club certificates, or to vary existing licences or certificates, are subject to public consultation, and any person entitled to make a representation in respect of the application whether or not they live in the vicinity of the premises. Where licences are being reviewed, representations may be made by any responsible authority i.e Police or Trading Standards, or any other person.
Public notices, printed on blue paper, at least A4 in size, will be displayed at or near any premises which is the subject of a licence application, and will briefly set out the details of the application. Details will also be published in a local newspaper and can be accessed on our public access data base
If you do make a representation you will be expected to attend a meeting of the Licensing Act Sub Committee and possibly any subsequent appeal proceedings that might follow. If you do not attend the hearing the committee will consider your representation but may attach less weight to it as your evidence cannot be tested.
You have 28 days after an application is submitted to the Licensing Authority to lodge your representation.
Your representation must be made in writing to the Licensing Manager and must relate to one or more of the licensing objectives:
- The prevention of crime and disorder
- The prevention of public nuisance
- Public safety
- The protection of children from harm
In order to be considered as relevant, and taken into account when the application is determined, representations must:
- be made in writing (either as a letter or an email),
- include your name and address,
- set out how the application will affect one or more of the licensing objectives (preventing crime and disorder, public safety, public nuisance, protection of children from harm),
- be specifically related to the premises in question and the activities they have applied to carry on (any irrelevant matters may have to be disregarded),
- be received within the statutory time period.
Your representation will be passed to the applicant to allow them the opportunity of addressing your concerns and a hearing will be arranged with the Licensing Authorities Licensing Sub Committee. All representation's including yours will be published in the report available to the Licensing Sub Committee, which will be publicly available.
Representation's should be made in writing and sent to:
The Licensing Manager
Aylesbury Vale District Council
Complaining about a premises
If you are being affected by the operation of licensed premises, or wish to report unlicensed activities or breaches of the terms and conditions of a licence, please contact us with details, and we will investigate your complaint.
Where appropriate, we will take action to try and remedy the issue, ranging from giving informal advice to prosecuting for a criminal offence.
Complaints can be made:
There are some matters which we would advise you to report to other bodies and departments in the first instance:
- Issues relating to crime or serious disorder should be reported to Thames Valley Police.
- Ongoing anti-social behaviour can be investigated by our Environmental Health team or Anti-social behaviour team.
- Issues relating to planning consents should be reported to Planning. Licensing and Planning operate as separate regulatory regimes, and businesses carrying on licensable activities will require both a licence and appropriate planning consent before they are legally entitled to operate.
- While the Licensing Act 2003 does include public safety and public nuisance within its remit, it is not the primary legislation in respect of these issues. In the first instance, issues should be reported to either Bucks Fire and Rescue Service, or our Environmental Health team, as appropriate.
- Any issues relating to fire safety are now controlled under the Regulatory Reform (Fire Safety) Order 2005, which is enforced by the Bucks Fire and Rescue Service.
If a licensed premises has been causing issues for a prolonged period, it may be worthwhile considering applying for the licence to be reviewed. As part of the review process, you will usually need to show the extent of the problems you have experienced. Keeping a diary of incidents and complaints made to the council or police may help with this.
Applying for Reviews
The Council, together with other responsible authorities, such as the Police, and the Environmental Health Department work together to ensure that premises that have Premises Licenses and Club Premises Certificates operate in accordance with the law. However, if there is a problem at a premises that cannot be resolved by enforcement or mediation, then a request can be made to review the Licence.
Reviews can be made by any responsible authority, or the licensing authority, or any other persons, such as residents or businesses and there is no fee. Once an application for review has been received a 28 day consultation period will begin, and a notice on light blue paper will be placed both at the Council offices, and in a prominent position on the premises that is being reviewed, giving details of the reason for review, and the closing date for representations. Representations can be made by anyone, either supporting the review or opposing it but should relate to the four licensing objectives, which are the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Following the closing date of the consultation period, the application to review and any representations received will be heard at a meeting of the Licensing of Alcohol and Gambling Sub-Committee. The Sub-Committee can decide whether to amend the licence (for example adding further operating conditions), to suspend the licence, or revoke it.
Guidance on reviewing a licensed premises, and application forms to review Premises Licences and Club Premises Certificates can be found on the links below.
Date Updated: 30/05/13
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Guidance Notes for making a representation
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Guidance for calling for a Review of a premises licence
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