The Licensing Act 2003 requires that 'responsible authorities' such as the police, environmental health and others are notified of every application for a new premises licence or variation of an existing licence. An applicant is also obliged to advertise their application in a local paper and place a notice outside the premises for 28 days.
The Act enables responsible authorities and any other person to make relevant representations to us about the effect of the application on the promotion of the licensing objectives. This means that the community have a greater say than ever before in licensing decisions.
A representation may be an objection or a positive comment.
If no relevant representations are made, the licence or variation must be granted in the form that the application was made.
For a representation to be relevant it must be about the likely effect of the application on the promotion of the four licensing objectives. It will not be relevant if we consider it vexatious or frivolous
The licensing objectives are:
- Prevention of crime and disorder
- Promotion of public safety
- Prevention of public nuisance
- Protection of children from harm
Putting forward your views on applications
Representations must be submitted us in writing within the 28 day notice period. This time period is stated on the public notice at the premises and in the advert in the local paper. View details of current premises licence/club premises certificate application.
Applications are also available for inspection at our offices at Knowle, Sidmouth. Please telephone for an appointment before attending to ensure an officer is available to see you.
Telephone 01395 517410 or 517411
Forms are also available on our make a representation against a licensing application page.
The form can also be requested by writing to East Devon District Council, Knowle, Sidmouth, EX10 8HL
Telephone: 01395 517410/517411
We can only consider representations if they are received within the 28-day consultation period.
If we think the representations are relevant we must hold a hearing to determine the application (unless all agree that this is unnecessary).
At the hearing, a sub-committee (three councillors) of the council’s Licensing and Enforcement Committee may do one of the following:
- Decide to grant or vary the licence in the same terms as it was applied for
- Decide to grant or vary the licence, but to modify the conditions
- Decide to refuse to issue or vary the licence
- Decide to exclude one or more licensable activity from the licence
The applicant for a licence or variation and any objectors can address the sub-committee. The sub-committee will listen to the evidence of both sides before making their decision. If a person who has made a representation cannot attend the hearing the sub-committee will consider the person’s written representation.
A similar approach is taken in respect of club premises certificates and provisional statements.
In addition, responsible authorities and any other person have the power to apply to us for a review of existing licences. Such a review can result in the modification of the licence, its suspension, or ultimately revocation. See separate information guide on reviews or contact us on 01395 517410/ 517411.
The contents of these pages are provided as an information guide only. They are not a full and authoritative statement of the law and do not constitute professional or legal advice. Any statements on these pages do not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003, any subordinate legislation made under it, or statutory guidance issued in relation to it. We accept no responsibility for any errors, omissions or misleading statements on these pages, or any site to which these pages refer. In particular, it must be noted that, although we have made every effort to ensure that the information in these pages is correct; changes in the law and the nature of implementation mean that the information in these pages cannot be guaranteed as accurate.