Information on making representations to the Borough Council of King's Lynn & West Norfolk
Introduction
This guidance describes the process for making representations to the Borough Council of King's Lynn & West Norfolk (the ‘Council’ or the ‘Licensing Authority’) regarding applications for new premises licences or certificates; variations to existing premises licences or certificates; or provisional statements. It also contains information about the hearings process. Unless stated otherwise, references to ‘licences’ in this text also apply to club premises certificates.
Background
The Licensing Act 2003 (the ‘Act’) was introduced to provide a streamlined and more effective licensing system. Licensable activities regulated by the Act include:
- the retail sale of alcohol;
- the supply of alcohol by clubs;
- regulated entertainment;
- the provision of late night refreshment
The public and responsible authorities (i.e. the professionals such as the police, fire, trading standards, environmental health etc.) (‘Other Persons’), may make representations provided that they are ‘relevant’. A ‘relevant’ representation is one that relates to the likely effect on the grant of the licence on at least one of the four licensing objectives and is not frivolous or vexatious.
What to look out for
When applicants want to apply for a new licence, or vary their existing one (for example to put on additional activities or extend their hours), they must advertise the application by:
Placing a notice at or on the premises -
- On A4 (or larger), pale blue paper;
- Printed legibly in black ink or typed in a font of at least size 16;
- Placed prominently at or on the premises where it can be conveniently read from the exterior of the premises; and
- Placed every 50 metres on the external perimeter of the premises abutting any highway (where applicable).
Placing a notice in a newspaper
- Newspaper circulation must be in the vicinity of the premises; and
- The advertisement will be published at least once in the 10 days following receipt of the application by the Council.
Licensing Register
Application details can also be viewed in the Council’s “licensing register”. The register will show the opening hours, licensable activities and any steps the applicant has volunteered to take to promote the four licensing objectives. The four licensing objectives are:
- The prevention of crime and disorder;
- Public safety;
- The prevention of public nuisance; and
- The protection of children from harm
If Other Persons believe that granting a licence in the terms it has been applied for is likely to negatively impact upon the promotion of one or more of these objectives, they have 28 consecutive days starting on the day after the day on which the application was given to the Council, to make a representation. Details of how to do this are set out below.
Licensing Policy
Before making representations, Other Persons may wish to look at the Council’s “licensing policy statement”. This can be found on the Council’s website and sets out the Council’s policy on licensing.
Operating Schedule
When considering the steps that an applicant has volunteered to promote the licensing objectives, it is important to remember that applicants should already be adhering to legislation in other areas, and they may feel there is nothing additional they need to do to promote the licensing objectives.
Criteria for making a representation
For a representation to be considered relevant, it must relate to the likely effect of granting the licence or certificate on the promotion of at least one of the four licensing objectives. It is necessary, therefore, to explicitly link any representation to one or more of the objectives.
- Prevention of Crime and disorder - This relates to any crime, disorder or anti-social behaviour related to the management of the premises. The licence-holder cannot be held responsible for the conduct of individuals once they leave the vicinity of the premises.
- Public safety - This relates to the safety of the public on the premises, such as fire safety, lighting and fire exits.
- Prevention of public nuisance - This can relate to hours of operation, noise and vibration, noxious smells, light pollution and litter.
- Protection of children from harm - This relates to protecting children from the activities carried out on the premises whilst they are on the premises. The law does provide specific protection for children, such as making it illegal for children under the age of 18 to buy alcohol.
Representations do not have to be objections; it is possible to make representations in support of an application and its positive impact on one or more of the licensing objectives.
There is no requirement to produce a recorded history at a premises to support representations, and in fact, this would not be possible for new premises. However, it will assist your case if the representations are specific to the premises and are evidence based. For example, if a person believes a variation to an existing premises may cause problems in relation to crime and disorder, they may wish to talk to local police beforehand, or document existing problems themselves by, keeping a diary or photographic evidence of any incidents. Licensing authorities will need to be satisfied that there is an evidential and causal link between the representations made, and the effect on the licensing objectives.
Representations must relate to the impact of licensable activities carried on from the premises on those objectives listed above. By way of an illustrative example:
“…a representation from a local business person about the commercial damage caused by competition from new licensed premises would not be relevant. On the other hand, a representation by a business person that nuisance caused by the new premises would deter customers from entering the local area, and the steps proposed by the applicant to prevent that nuisance were inadequate, would be relevant.”
Additionally, the Licensing Authority can only consider representations that are not “frivolous” or “vexatious”. (“Frivolous” or “vexatious” will bear their ordinary meaning). Whether representations are frivolous or vexatious will be for the Licensing Authority to determine. For example, the Licensing Authority might find the representations to be vexatious if they have arisen from a dispute between rival businesses, or they might be frivolous representations if they plainly lacked seriousness.
Further information on the licensing objectives and the determination of applications can be found on the gov.uk website, specifically in the guidance issued under section 182 of Licensing Act 2003.
Relevant representations must be in writing (this includes e mail) and submitted to the Licensing Authority within the 28-day notice period. Late representations will not be considered and will be returned.
Once a representation has been accepted by the Licensing Authority it will form part of a hearing report, which is a public document, personal contact details such as email addresses and telephone numbers will be removed from the published version of the document. Unless there are genuine and well-founded fears of intimidation, representations will be sent to the licence holder with names and addresses included, (your email will not be disclosed).
To summarise, for a representation to be considered relevant and complete, it must:
- Include your name and address;
- Include the name and address of the premises you are making a representation about;
- Be relevant to the four Licensing Objectives and no other matters;
- If it is in relation to a licence variation, it must only relate to the variation and not the existing licence;
- Explain the issue, providing as much detail, evidence and records as possible;
- Not be frivolous or vexatious in nature; and
- Be received by the Council within the consultation period
Alternatives to making an individual representation
If you do not want to make your own representation, then you may wish to ask someone else to make the representation on your behalf. For example, you may wish to ask a local Councillor or any other recognised body or association.
If your chosen representative is willing to act on your behalf, you must submit a letter of authorisation to the Licensing Authority as part of your representation. You must provide your chosen representative with your name, address and details of the grounds upon which your representation is made. They should then submit written representation to the Licensing Authority replicating the grounds upon which your representation is made.
Please note that all future dialogue and correspondence will be held with your representative, and the Licensing Authority will not make direct contact with you regarding the hearing or any decision made.
Disclosure of personal details of persons making representation
Once a representation has been accepted by the Licensing Authority it will become part of a hearing report, which is a public document. Where notice of a hearing is given to an applicant, the Licensing Authority is required to provide the applicant with copies of the relevant representations that have been made. Only in exceptional circumstances will personal details be removed from correspondence.
We would refer you to Government Guidance on this matter, which states:
‘In exceptional circumstances, persons making representation to the licensing authority may be reluctant to do so because of fears of intimidation or violence if their personal details, such as name and address, are divulged to the applicant. Where licensing authorities consider that the person has a genuine and well - founded fear of intimidation and may be deterred from making a representation on this basis, they may wish to consider alternative approaches. For instance, they could advise the persons to provide the relevant responsible authority with details of how they consider that the licensing objectives are being undermined so that the responsible authority can make representations if appropriate and justified’.
Licensing Committee Hearings
Persons that have made relevant representations will be sent an agenda prior to the hearing. This will include the Licensing Officer’s report. They will also be sent a form which they are required to complete and return to give notice to the Council at least 5 working days before the start of the hearing, to confirm the following information:
- Whether they will attend the hearing in person;
- Whether they will be represented by someone else (e.g. councillor/MP/lawyer);
- Whether they think that a hearing is unnecessary (if, for example they have come to an agreement before the formal hearing).
Persons making representations must let the Council know as soon as possible, (in writing and no later than 24 hours before the start of a hearing, or orally at the hearing) if they wish to withdraw their representation.
Hearings will generally be held in public, unless the Council decides it is in the public interest to hold all, or part of the hearing in private. The Council will ensure that a record is taken of the hearing.
Hearings will normally take the form of a discussion and will be led by the Council, which will consist of three local authority elected councillors (this will be the licensing sub-committee drawn from a full licensing committee of 15 councillors). The Council will explain the procedure to be followed. It will consider supporting evidence produced before the hearing and can consider evidence produced by a party at the hearing, but only if all parties agree. Further evidence can also be produced if this was sought for clarification of an issue by the Licensing Authority before the hearing. The parties are entitled to address the Licensing Authority and will be allowed equal time to do so. If they have been given permission by the Licensing Authority, they will also be given equal time to ask any questions of any other party. The Council will disregard any information it considers to be irrelevant.
Note - A hearing can still go ahead in the absence of any party.
Hearing Decisions
As a result of the hearing, the Licensing Authority must then decide how to proceed in order to promote the licensing objectives. It may:
- Decide to grant or vary the licence in the same terms as it was applied for;
- Decide that it is necessary to refuse to issue or vary the licence;
- Decide to grant or vary the licence, but with modified or additional conditions;
- Exclude from the scope of the licence a licensable activity; or
- In the case of a premises licence involving the sale of alcohol, refuse to specify a person as the designated premises supervisor.
The Council must give notice of its decision within 5 working days (if it does not give a decision at the hearing) and provide information on the right of a party to appeal against the decision.
Further information
Please contact the licensing team below for further information.