Guide to making a representation: Licensing Act 2003
This guidance describes the process for making representations to Great Yarmouth Borough Council, as the Licensing Authority, concerning applications for:
- new premises licences or certificates
- full variations to existing premises licences or certificates
- minor variations to existing premises licences or certificates
- provisional statements
This guidance also contains information about the application and hearing processes.
Unless stated otherwise, references to 'licences' in this text also apply to club premises certificates.
What activities are covered by licences issued by the Licensing Authority?
Under the Licensing Act 2003, activities that require a licence include:
Alcohol
Any retail sale of alcohol or the supply of alcohol by or on behalf of a club to, or to the order of, a member of a club.
Regulated Entertainment
The performance of a play, an exhibition of a film, an indoor sporting event, boxing or wrestling entertainment, a performance of live music, any playing of recorded music, a performance of dance or entertainment of a similar description to live music, recorded music or dance.
Late Night Refreshment
The supply of hot food or drink between the hours of 23:00 and 05:00.
What happens when a licence application is submitted?
All applications for a new licence requesting any of the above licensable activities, or a variation of an existing licence (for example, to add additional activities or to extend existing hours), undergo a 28 day consultation period. The applicant must advertise the application by displaying a notice at the premise and publishing a notice in a local newspaper. The notice must contain a summary of what is being applied for and also specify the closing date for representations. Applications are also detailed on the Council's website.
The full licence application can be viewed at the Town Hall, Great Yarmouth. Please email [email protected] or phone 01493 846530 to make an appointment if you wish to view a licence application.
If any person believes that granting a licence in the terms it has been applied for is likely to have an effect (whether positive or negative) on the promotion of one or more of the licensing objectives, they can make a written representation to the Licensing Authority within the 28 day consultation period.
What are the four licensing objectives?
They are:
- prevention of crime and disorder
- public safety
- prevention of public nuisance
- protection of children from harm
Relevant representations
To be considered "relevant", representations must relate to the likely effect of granting or varying the licence on the promotion of at least one of the four licensing objectives. It is important that you provide as much evidence as possible when submitting your representation.
The Licensing Authority is unable to consider representations that are frivolous (ones that display a lack of seriousness in purpose or nature) or vexatious (ones that are intended to cause aggravation or annoyance whether to a competitor of other person, without reasonable cause).
How do I make a representation?
Relevant representations must be in writing, include a full name and address, and be received by the Licensing Authority within the 28 day consultation period.
Representations can be emailed to [email protected] , handed in to the Town Hall Reception or posted to the Licensing Team, Town Hall, Great Yarmouth NR30 2QF.
Representations received after the closing date for consultation will not be considered as a relevant representation.
Representations must include a full name and address. This is because an applicant must be able to respond to a representation, for example, if they believe that it isn't "relevant". If persons are concerned about providing their personal details, they could consider asking a local councillor, or other recognised body or association, to make a representation on their behalf. Anonymous representations cannot be considered except in rare situations where the Licensing Authority is convinced there is a genuine fear of intimidation.
Petitions
When organising/submitting a petition as part of your representation, the following should be taken into consideration:
The instigator of the petition should identify themselves as a central point of contact, provide a name and address and full contact details. This is in case we need to verify matters contained in the petition. If we are unable to do so, this could invalidate the petition.
Each page of the petition should contain information as to the purpose of the petition so that all persons know what they are signing.
Full names and addresses for each signatory must be provided.
All signatories must be made aware that where representations are made and not withdrawn, a copy of the petition, containing all names and addresses, will be supplied to the applicant and a copy will be attached to the licensing report to committee, which is a public document.
The Licensing Authority will not write to each signatory separately but instead expects that the instigator of the petition will advise each signatory of the hearing date and the final outcome of the application. It is also expected that the instigator will represent signatories at the hearing and will speak for them.
Supporting Representations
A representation does not have to be an objection. You can make representations in support of an application if you believe that it will have a positive impact on one or more of the licensing objectives. However, this must be explained in the representation. For example, an application to add late night refreshment to a licence might help the premises lower the risk of crime and disorder.
In summary, to be considered as relevant, your representation must:
Include your name and address.
Include the name and address of the premises you are making a representation about.
Relate to the likely effect of granting or varying the licence on the promotion of at least one of the four licensing objectives and explain what problems you believe will arise from what the applicant is proposing (or the positive impact if you are supporting an application)
In relation to licence variations, it must relate to the proposed variation.
Not be frivolous or vexatious in nature.
Be received by the Council within the consultation period.
What happens after the Licensing Authority has received my representation?
The Council will:
Consider the content of the representation to establish whether it meets the criteria to be accepted as a 'relevant representation.
Send a copy of your full representation, including your name and address, to the applicant or their representative. The applicant may wish to contact you to discuss your representation further.
A copy of representation will be included to the committee report , which is a public document* published on the council's website and circulated to the Licensing Sub-Committee, the applicant and to all those who have made relevant representations.
*Personal telephone numbers, email addresses and signatures will be redacted from any public document.
Hearing
If the Licensing Authority decides that representations are relevant, it must hold a hearing to consider them. The hearing will take place before a Licensing Sub-Committee, which is made up of three or more elected Members of the Council's Licensing Committee.
The applicant, and any person who has made a relevant representation, will receive a Notice of Hearing. The Notice will set out the date, time and location of the hearing and gives information in relation to the procedure to be followed on the hearing day.
All parties who have submitted a relevant representation are invited to the hearing and will be able to address the Sub-Committee. A representative can attend the hearing and speak on a person's behalf, provided the Licensing Authority is informed prior to the hearing. If, for any reason, a person is unable to attend the hearing, the Sub-Committee will still consider the written representation.
The Sub-Committee usually announce their decision at the hearing, and written confirmation of the decision will be sent to all parties following the hearing.
A party can appeal the decision of the Licensing Sub-Committee by giving notice to appeal to the Magistrates Court within 21 days, beginning with the day on which the appellant is notified by the Licensing Authority of the decision which is being appealed.
