Licence holder redress
A Licence Holder may appeal against any decision of the Licensing Authority to:
- Reject an application for the grant of a Premises Licence
- Impose conditions on the grant of a Licence
- Reject (in whole or in part) an application to vary a premises licence
- Modify the conditions of an existing Premises Licence
- Reject an application to vary a Premises Licence to specify an individual as a Premises Supervisor
- Reject an application to transfer a Premises Licence
- Modify conditions, exclude any licensable activity, to remove a Premises Supervisor, to suspend a Licence or to revoke a licence following an application for Review
Where the Chief Officer of Police has applied to the Licensing Authority for a Expedited Review, and interim steps are taken by the Licensing Authority, the Licence Holder may make representations against those interim steps. In these circumstances, a Hearing to consider those interim steps must be held within 48 hours of those representations being received. There is no right of appeal against any Licensing Authority decision taken at this stage of the proceedings. The right of appeal follows the full Hearing into the Review of the Premises Licence arising from the application for Expedited Review.
All appeals must be made to the local Magistrates’ court within 21 days of notice of the Licensing Authority’s decision.
Please feel free to contact us for advice in the first instance. Alternatively you may wish to consider seeking independent legal advice.
Interested party or responsible authority redress
Where problems associated with the operation of a premises and its failure to meet the licensing objectives then application may be made by Interested Parties as defined under the Act, or Responsible Authorities for a Review of the Premises Licence. If the application is deemed relevant in Licensing Act terms then the Licensing Authority will hold a Hearing to determine the application.
The Chief Officer of Police for the area where the premises are located can apply to the Licensing Authority for a Review of the Licence if the premises are licensed to sell alcohol by retail and a senior officer has given a certificate that they are of the opinion that the premises are associated with either serious crime or disorder or both. A Hearing will be held and the Licence Holder and other Interested Parties may make representations.
The Chief Officer of Police can give a Notice to the Licensing Authority if they believe that the transfer of a Licence to another, under a variation application could undermine crime prevention objectives. Such a Notice must be given within 14 days of receiving notification of the application.
Similar rights of appeal exist for Interested Parties or Responsible Authorities against any decision of the Licensing Authority as for the Licence Holder (see above).
All appeals must be made to the local Magistrates’ court within 21 days of notice of the Licensing Authority’s decision.
Please feel free to contact us for advice in the first instance. Alternatively you may wish to consider seeking independent legal advice.
Consumer complaint
We would always advise that in the event of a complaint the first contact is made with the trader by you – preferably in the form a letter (with proof of delivery). If that has not worked Gov.uk can offer advice on Consumer Protection Rights
Please direct all enquires concerning licensing matters to the Licensing Team who are part of the Rother and Wealden Environmental Health Service.
If your complaint concerns non licensing matters you may still use the contact details below and your complaint will be passed to an Officer within a relevant team, for example, noise pollution, food hygiene or health and safety.