Under the Licensing Act 2003, a premises licence is required to authorise:
- The sale/supply of alcohol;
- Regulated entertainment (music, dancing, film, theatre, indoor sport, boxing and wrestling);
- The sale of hot food and/or hot drinks between 23:00 and 05:00 hours.
Local residents can request that Stafford Borough Council review a premises licence where activities at licensed premises are undermining one or more of the licensing objectives, which are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
It is worth considering other options before requesting a licence review, including:
- Talking to the premises to let them know about the problem and give them time and opportunity to address the issues;
- Asking Stafford Borough Council to talk to the premises on your behalf; or
- Talking to the relevant ‘responsible body’ (for example, our Environmental Health section in relation to noise nuisance, or the Police in relation to crime and disorder) about the problem.
If you request a review of a premises licence, you are required to notify the premises licence/club certificate holder and the responsible authorities, by sending them a copy of the request together with any accompanying documents on the same day as the request is submitted to us.
We will then advertise the review for 28 days to enable others (responsible authorities or others) to comment on it. Please note that the responsible bodies have the option to comment on your application for review.
As the licensing authority, Stafford Borough Council must act on requests for review unless we consider the request to be irrelevant, repetitious, frivolous or vexatious. Frivolous representations would concern minor issues which we couldn’t be reasonably required to take any action on, whereas vexatious representations would be dismissed if they appear to be intended to cause aggravation or annoyance without reasonable cause.
After the 28 day period has ended, a hearing will be held to consider the request, unless the request for review has been withdrawn. The request, in most cases, will be considered by our licensing sub-committee who will hear representations from all parties involved.
We will invite you to attend the hearing and give you the opportunity to address the licensing sub-committee in support of your request for review.
You must then let us know (within at least 5 working days prior to the start of the hearing) if:
- you are attending the hearing in person;
- whether you will be represented by someone else (eg a councillor, MP, lawyer, resident’s association rep, friend, etc.)
- if you think the hearing is now unnecessary as you have reached an agreement before the hearing; or
- you need permission for another person to attend the hearing; you must advise us how that person may be able to assist in relation to the review.
Once the sub-committee has listened to and considered all views and evidence, it must decide what (if any) action is appropriate to promote the licensing objectives. These actions can include:
- no action
- modifying the conditions of the licence (change, add or remove conditions- including operating hours)
- excluding a licensable activity from the licence
- removing the designated premises supervisor
- suspending the licence for a period (not exceeding 3 months); or
- revoking the licence
There is a right of appeal for all parties concerned (i.e. the applicant, the premises licence holder or any other person who made relevant representations). This means that you can appeal to the magistrates’ court if you are not happy with the outcome of the hearing.
If you require further information, please contact email@example.com or call 01785 619745.