Anyone can apply to us to review a club which has been issued with a club premises certificate, if they are being adversely affected by the operation of the club.
A review of a club premises certificate is primarily for use when other means of dealing with problems from a club have failed, a review may be the way to resolve matters.
Review applications must be based upon a matter arising at, or in the vicinity of the club and must be connected to one of the licensing objectives:
- The Prevention of Crime and Disorder
- The Prevention of Public Nuisance
- Public Safety
- The Protection of Children from Harm
Before making your application please make sure you read our Licensing Principles.8411
Please note, the application is a public document which can be viewed and details of which will be on our website. The application will also form part of the report to the Licensing Committee. Signatures, private telephone numbers and email addresses will be removed.
You can apply for a review by completing an application form and sending it us.7595
You must also send a copy of your application to the Police, Fire, Public Health and Safeguarding Unit. You must also send a copy to the holder of the club premises certificate.8417
Contact details of the authorities that require notices to be sent to them following applications.
On receipt of a review application, the Council must consider if it is valid or if it is considered frivolous, vexatious or repetitious. If a review application is declared frivolous, vexatious or repetitious, the application will be rejected and the applicant will be notified of the reasons for the decision. The legislation does not provide any right of appeal against such a decision, other than by way of application for Judicial Review to the High Court.
If the application is valid, we will display a public notice at the club for a minimum of 28 days, during which the Responsible Authorities or any other person can make representations. A notice will also be displayed on the Current Applications page.
After the 28 day period has expired, copies of any representations will be sent to the applicant and certificate holder. We must hold a hearing and thewill determine the application for review and consider the representations made. Hearings will take place in public, although the Licensing Committee may, in certain cases, decide that it is in the public interest to hold hearings in private.
Details of all valid representations will be included in the Committee report. These reports are public documents and will be published on our website.
A Notice of Hearing will be sent to all parties in compliance with The Licensing Act 2003 (Hearings) Regulations 2005. Any party may be assisted or represented by any person at the hearing regardless of whether that person is legally qualified.
At the hearing, the Licensing Committee must consider what action, if any, to take. The options for the Licensing Committee to consider are:
- To take no further action;
- To modify the conditions of the certificate;
- To exclude a qualifying club activity from the scope of the certificate;
- To suspend the certificate for a period not exceeding three months;
- To withdraw the certificate
The Certificate Holder, Responsible Authorities, Interested Parties or club member can appeal the decision, made by the Licensing Committee, to the Magistrates Court within 21 days of the decision notice issued by us.
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