Licensing Representations
The Licensing Act of 2003 allows 'Responsible Authorities' and 'Other Persons' to make representations or comments to the authority regarding applications for:
- new licence or certificate
- variations to a licence or certificate
- reviews of existing licence or certificate
Definition of 'Other Persons'
They are any person, organisation or body. Representations may be made on behalf of an ‘Other Person’ by a representative such as a Member of Parliament, Solicitor, Ward or Parish Councillor or even a friend however the representation must be relevant and not vexatious, repetitious or frivolous.
Definition of Vexatious and Frivolous representations
A representation is relevant if it relates to the likely effect of the grant on the licence on the promotion of a least one of the licensing objectives such as a representation about commercial competition would not be relevant however a representation about nuisance from noise, where the steps proposed by the applicant to prevent noise are inadequate would be relevant.
A representation may be considered vexatious if it appears to be intended to cause aggravation or annoyance without reasonable cause or justification.
Frivolous representations are likely to have a lack of seriousness or concern issues which are minor and in relation to which no remedial step would be warranted to be proportionate.
The four Licensing Objectives:
- The Prevention of Public Nuisance
- Public Safety
- The Prevention of Crime and Disorder
- The Protection of Children from Harm
Community involvement for making representations
You can find information on the gov.uk website as your right as a resident to make a representation on a licence application or review.
If you wish to make a representation on a licence application or a review use the online representation form.
