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Under the Licensing Act 2003 a relevant person may apply for a review of the premises license of a license holder. A review will typically be brought on the ground that the license holder is operating their business in such a way as to undermine any or all of the licensing objectives which are:
Prevention of Crime and Disorder
Public Safety
Prevention of Public Nuisance
Protection of Children from Harm
The Licensing Sub Committee has can take no action, impose further conditions on the premises license, suspend or even revoke the license. An appeal lies to the Magistrates Court within 3=21 days of the decision being notified to the proprietor. Most reviews are brought as a ‘last straw’ when residents or a responsible authority have ‘had enough’ of late night noise from patrons, anti social behaviour or other inappropriate conduct. In our experience there is no point trying to deny that problems exist. It is far better to confront the problems head on and come forward with proposals which will prevent the licensing objectives being undermined. Over the years we have developed a raft of measures which with our client’s approval have proven effective in addressing resident and responsible authority concerns and preserved premises licenses. As an example complaints of ongoing noise nuisance could be addressed with a sound limiter, installation of a porch between the main door and an inner door. We also encourage license holders to engage with residents and responsible authorities to build effective relationships. If you need representation or advice in relation to a licensing review please call Winston Brown on 0208858 5996 or 07894219314 or on email at winston.brown@brownandcosolicitors.co.uk