Contact:
  • Licensing Services
  • Address:

    9-10 Bath Street, Bath BA1 1SN

  • E-mail:
    licensing@bathnes.gov.uk
  • Telephone:
    01225 477531
  • Fax:
    01225 477596
  • Minicom:
     
  • Page Updated:
    14/09/2007
  • Author:
    Lorna McCardle
A to Z Index

Licensing Act 2003

Making a Representation

Any of the  Responsible Authorities or Interested Parties are entitled to make a representation about an application for a Premises Licence or a Club Premises Certificate, providing it is relevant to one or more of the four licensing objectives:

  1. the prevention of crime and disorder,
  2. public safety,
  3. prevention of public nuisance, and
  4. the protection of children from harm.

If a representation is made, the Council’s Licensing Committee will determine the licence application at a hearing.  The Committee is comprised of elected Members of the Council.

The applicant will be invited to attend the meeting to give evidence, answer questions, and call any witnesses.  The Committee will listen to evidence from both sides before deciding whether to grant the application.  They may:

  • grant it as requested;
  • grant it with conditions (provided these are relevant to the licensing objectives); or
  • refuse it.
Appeals

If you are dissatisfied with a decision made by the Committee, you may appeal to the Magistrates’ Court within 21 days of receipt of the Committee’s decision.

Representation Form

If you wish to make a representation you can use the following link to either complete the form online  or print one to complete by hand.  Alternatively you can contact Licensing Services on 01225 477531.

Petitions

Many petitions cannot be taken into account due to the way they have been completed. The council can only consider the following layout:

  • an outline of the main issues of concern at the top of each page of the petition;
  • a column allowing each person who signs the petition a chance to add why they wish to object;
  • each person must write their full name and address, the date and their signature.

The petition must be attached to an Interested Parties Objection form. The person who makes the representation must complete the form.

Period of Representation

Representations must be submitted to the council within a period of 28 consecutive days, starting on the day after the day on which the application was received.

Relevant Representations

If the council considers that a representation is relevant, it must hold a hearing to consider it, unless all those involved agree that this is unnecessary. If no representations are made, a licence or variation must be granted, subject to mandatory conditions.

What are relevant representations?

For a representation to be relevant it must:

  • relate to the effect of the granting of the licence on the promotion of the licensing objectives,
  • be made by an Interested Party,
  • not have been withdrawn,
  • not be frivolous or vexatious.

Irrelevant representations

A representation from an Interested Party is irrelevant if it does not directly relate to the application and to the promotion of the licensing objectives. A representation relating to general crime and disorder in an area will be deemed irrelevant if it cannot be linked positively to the particular premises.

Frivolous and vexatious representations

A representation from an Interested Party is deemed frivolous or vexatious if it fails to meet any of the following criteria:

  • justifiable cause,
  • significance,
  • objectivity.

Repetitious representations

A repetitious representation one that:

  • is based on a ground for review specified in an earlier application for review that has already been determined;
  • is identical or substantially similar to a representation already considered by the council;
  • has already been considered irrelevant, frivolous or vexatious by the council.
Reviewing a Licence

An Interested Party can request a review of the licence at any stage on grounds relating to the licensing objectives. This can lead to the modification, suspension or revocation of the licence. The Licensing Act 2003 makes provision for a right of appeal to a magistrate's court against the council’s decision.