Representations to Licensing Act 2003 Applications
Representations can be made for or against applications for a premises licence or club premises certificate by anyone who is an interested party or a responsible authority. They may also be made as part of an application for a review of a premises licence or club premises certificate.
Representations must be made in the 28 day period starting the day after the application is given to the licensing authority.
An interested party is:
- A person living in the vicinity of the premises
- A body representing persons that live in that vicinity, for example a residents' association
- A person involved in a business in that vicinity
- A body representing persons involved in such businesses, for example a trade association
Meaning of "vicinity"
The Licensing Act 2003 does not provide a definition of "in the vicinity". However when making a decision as to whether an individual or body qualifies as an interested party, the Council will consider, for example, whether their home or business is likely to be directly affected by disorder and disturbance occurring or potentially occurring from either inside or immediately outside the premises for which the application is being made.
Relevant Representations
Only representations that relate to one or more of the four licensing objectives can be considered. The licensing objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
Representations must clearly set out the likely effects the grant or variation of the licence would have on the promotion of at least one of the licensing objectives, and must clearly relate to the premises for which application is being made.
The Act requires the Council to disregard representations that are considered to be frivolous or vexatious.
Relevant representations will normally result in a hearing by the Licensing Sub Committee to determine the application. Only persons who have made a relevant representation are entitled to address the Sub Committee.
Please note that relevant representations will form part of a public document which will include your name and address and will appear on this website. Anonymous representations will be disregarded.
Representations should be sent to licensing@winchester.gov.uk or to the following address:-
Licensing Section
Winchester City Council
City Offices
Colebrook Street
Winchester
SO23 9LJ
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