What is a review?
A review is where any interested party or responsible authority asks the licensing authority to review a premises licence because of a matter arising in connection with one or more of the four licensing objectives. These are:
- The prevention of crime and disorder
- Public safety
- The protection of children from harm
- The prevention of public nuisance
Any request for a review will need to demonstrate that the operation of a premises licence undermines one of these four licensing objectives.
We would suggest that a review should be initiated where all other enforcement avenues have been exhausted. Interested parties considering making a review application are strongly encouraged to contact Licensing before making an application for a review to discuss whether all areas of dispute resolution have been explored. We can then provide an application form for a review of a licensed premises on request.
When can a request for a review be rejected?
A request for a review can be rejected if:
- The same reasons were given previously as objections to the licensing authority when the premises licence was originally applied for
- The same reasons requesting a review are duplicating a previous request for a review
- The reasons given are irrelevant, not serious or are being made only to cause annoyance
In addition to any of the above grounds, a request for a review can be considered repetitious if a 'reasonable interval' has not lapsed since a previous review or the grant of the licence.
How often can a review be initiated?
The Home Office has issued statutory guidance regarding when the review process can be initiated. This guidance states that the review process is not intended to be used as a second opportunity to persuade the licensing authority following the failure of earlier representations. It is for a licensing authority to judge what should be regarded as a 'reasonable interval' in these circumstances.
Every application for review will be determined on it's own merits. Where interested parties can provide sufficient new evidence within the 12 month timeframe, the licensing authority will consider that application.
Last updated: 15/03/2019 14:09