Anyone wishing to make representation about an application must do so in writing, by the closing date given.
Please note: It is an offence knowingly or recklessly to make a false statement in connection with an application and that the maximum fine for which a person is liable on summary conviction for the offence is £5,000.
Overview
Operators of theatres, cinemas, off-licences, public bars, clubs, restaurants, late night cafes and takeaways can apply for a new premises licence or club registration certificate and for variations to their licensable activities.
Local residents or nearby businesses may notice that there will be a number of light-blue or white signs appearing outside such businesses or public notices in the local press.
These will be advertising licensing reviews, new applications or proposed changes in the operation of existing premises i.e. requests for variations in licensed hours.
Making representations
If local councillors, neighbouring residents or businesses (the interested parties to an application) believe they will be adversely affected by the licensable activities at the premises, then they will be able to make written representations to the council during the first 28 days of any application.
The police, fire service, planning and environmental health and trading standards services will receive copies of all new applications and variations to existing licences. They have similar powers to make representations about applications.
You can view Richmondshire’s Licensing Policy here. Reference copies of the policy are available also at all libraries and information centres.
All licensable activities have to be managed to support the four licensing objectives:
- prevention of crime and disorder
- public safety
- prevention of public nuisance
- protection of children from harm
Anyone wishing to make a representation to the council about an application must show that:
- the proposed licensable activity does not support those objectives in some way (preferably with supporting evidence)
- those issues are reasonably within the control of the licensee
For example:
- the details of crime and disorder at a licensed premises (preferably supported by police incident / crime numbers)
- the occurrence of unacceptable levels of noise (preferably supported by complaints to the Environmental Health Service)
- littering e.g. chip wrappers / takeaway containers thrown into gardens would not be relevant to an application for a public house
- unruly behaviour some distance from licensed premises would not be within the control of the licensee
- fighting on or outside licensed premises is within the control of the licensee
- underage sales of alcohol are within the control of the licensee
Consideration of representations
All written representations will be checked for relevance to the application, the premises and the licensing objectives. If your representation is deemed to be irrelevant we will give you a written explanation as to why that decision has been made.
If a relevant representation is received the applicant will be informed and given the opportunity to address the concerns raised by the representation. This may result in the interested party withdrawing their representation.
If such an agreement does not occur then the application must go to before a licensing committee consisting of 3 councillors. They will consider the application and the representation(s) made by the interested parties and responsible authorities. The application will be tested against the licensing objectives. The councillors will have 1 of 3 options open to them.
They may:
- grant the licence / variation
- grant the licence / variation with conditions
- refuse the application
Should the committee’s decision be unacceptable to the applicant or the interested party they will have the right of appeal to the Magistrates’ Court.
After making a representation
Your representation will be published in the report available to the Licensing Sub-Committee and applicant/licence holder. It will also be publicly available on our website for six years following the hearing.
Names and addresses will only be withheld from the Sub-Committee report at your request and in exceptional and justified circumstances. Signatures, email addresses and contact telephone numbers will not be publicly available.
Relevant representation submission form
If you would like to make a representation, you must complete the submission form. Contact us for a form.