Have your say - Making a Representation

Making a representation about a licence application under the Licensing Act 2003.

Any application for a new licence, or for a variation to an existing licence, must be advertised by the applicant to afford local residents and businesses the opportunity of airing any views and concerns they may have about a particular premises.

If you are affected, or likely to be affected, by the grant of a licence for a specific premises that sells alcohol, provides entertainment or provides late night refreshment between 11.00pm and 05.00am and the effects relate to one of the four licensing objectives (and only the four licensing objectives) which are:

Anchor Point:objective

• Prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• Protection of children from harm

you may, as an "interested party", make written representations to the Licensing Department, outlining the problems and their effect on you and your family.

An interested party can be any one of the following:

• A person living in the vicinity of the premises
• A body representing persons who live in that vicinity
• A person involved in a business in the vicinity of the premises
• A body representing persons involved in these businesses

Any of these people may specifically request a representative to make representations on their behalf. This can include a legal representative, a friend, a Member of Parliament or a Ward Councillor.

Relevant representations are those which are:

• made within the 28 day time period specified within the legislation
• made by a party living in the vicinity of the premises
• address one of the four licensing objectives
• are not considered frivolous, vexatious or repetitious

A representation must be made in writing, or by email, to:

Public Protection Manager - Licensing
SMBC Central
Moat Lane
Solihull
B91 2LW

Email: licensing@solihull.gov.uk

Fax: 0121 704 6888

As details of all applications received by the Council are recorded in the Licence Register and applicants are required to advertise their applications outside the premises and in a local newspaper, there is plenty of opportunity to be made aware of what is happening at a particular premises.

Have your say - Asking for a Review of a licence

Applying for the review of a licence under the Licensing Act 2003

Once a Premises licence or Club Premises Certificate has been granted, it remains in force for the life of the building and does not need to be renewed. However, this does not mean that premises causing continual problems can never be challenged.

The Licensing Office will investigate all complaints received about any licensed premises, and will work with the licensee to ensure that matters are rectified. However, there may be occasions when the premises concerned continues to cause a nuisance to the public after all reasonable steps have been taken and it may seem that you can do nothing further to improve the situation.

Enduring constant noise or anti-social behaviour from a nearby licensed premises can be very distressing, but under the Licensing Act 2003, you now have the opportunity to air your views and concerns by asking for the licence to be reviewed.

How do I ask for a review?

An application form is available to enable any interested party, or Responsible Authority, to call for the review of a Premises Licence or Club Premises Certificate. Simply follow the link below to obtain one, or contact the Licensing Office direct.

You must send a copy of your completed form to the Responsible Authorities and the holder of the licence. The review will be advertised for a period of 28 days, allowing written representations to be made to the Licensing Office and a Committee hearing to be arranged.

Remember, the grounds for calling for a review and any subsequent representations made, must refer to one of the 4 Licensing Objectives. It is important to gather some evidence in support, perhaps keeping a diary of dates and times of disturbances or records of phone calls, as this will help your case when the applicant appears before the Licensing Committee.

The Licensing Committee has the power to modify, suspend or ultimately revoke the licence.

Advice and guidance on Making Representations and Applying for a Review is available from the Department for Culture, Media and Sport.

Further information is available via the attachments listed below

• Licensing - Guidance on making a representation
• Public Speaking at a Licensing Sub Committee
• Guidance on applying for the review of a licence
• Application form for the Review of a licence

For more information please contact Licensing:

Licensing
SMBC Central Depot
Moat Lane
Solihull B91 2LW

Telephone: 0121 704 6830
Fax: 0121 704 6888
Email: licensing@solihull.gov.uk

We will respond to any request for advice within the following time frame

• Telephone calls - 95% answered
• Telephone messages - responded to within two working days
• Personal callers - initial consultation at Solihull Connect, a further appointment will be made necessary
• Email responded to within one working day
• Letters and faxes responded to within five working days from receipt