Licensing Reviews

When a responsible authority – or any individual – considers a licenced premises is not adhering to the terms of its licence, they can apply to the licensing authority for the licence to be reviewed. The application leads to a ‘Blue Notice’ being publicly displayed on the premises and a 28-day consultation process being invoked. If the application has been made by someone other than a responsible authority (for example, a local resident or residents’ association, a local business or trade association), the first consideration is whether the complaint is relevant, frivolous, vexatious or repetitious. If you think any of these apply, you should let the licensing authority know. If your premises licence is being reviewed it is crucial to seek advice as soon as possible, as preparation before the Review hearing can make the difference between success and failure.

When a responsible authority – or any individual – considers a licenced premises is not adhering to the terms of its licence, they can apply to the licensing authority for the licence to be reviewed. The application leads to a ‘Blue Notice’ being publicly displayed on the premises and a 28-day consultation process being invoked. If the application has been made by someone other than a responsible authority (for example, a local resident or residents’ association, a local business or trade association), the first consideration is whether the complaint is relevant, frivolous, vexatious or repetitious. If you think any of these apply, you should let the licensing authority know. If your premises licence is being reviewed it is crucial to seek advice as soon as possible, as preparation before the Review hearing can make the difference between success and failure.

There are four main types of Review.

• A standard Section 51 Licensing Act Review – involving a 28-day consultation period and a hearing in the following 10 to 28 days.

• A less common review, is the Summary Review, brought by police when they consider the relevant premises has been linked with serious crime or serious disorder (or both). This process applies only where a premises licence authorises the sale of alcohol, and can only be sought by police. Summary Reviews, sometimes known as Expedited Reviews or Section 53A Reviews, are initially dealt with within 48 hours, after which Interim Steps are in place until a hearing within 28 days.

• Review following a closure order under Section 160 of the Licensing Act 2003 in an area experiencing disorder. Where there is, or is expected to be disorder, a magistrates’ court may make an order requiring premises closure a) at or near the place of disorder or anticipated disorder or b) for a specified period, not exceeding 24 hours, where a premises order or temporary event notice is in effect.

• Review following closure notice under Section 80 of the Anti-social Behaviour, Crime and Policing Act 2014. This is a particularly serious situation, and one in which licence holders should urgently seek advice.

The main reason for a licencing review is when the holder of a premise licence or club premises certificate does not uphold the licensing objectives (the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm). You can also find yourself in a review if you don’t adhere to the terms of your Licence.