Review of premises licences and certificates

The Licensing Act 2003 allows the views of others to be taken into account when someone applies to carry out a licensable activity. These are things such as:

  • selling alcohol
  • providing regulated entertainment
  • providing late night refreshment

This allows local communities to have a say in decisions that affect them. It also makes sure professionals are able to look at applications and take action if problems occur. This includes:

  • the police
  • fire authorities
  • trading standards
  • environmental health officers

Interested parties and responsible authorities can ask us to review a licence or certificate if problems occur which undermine the licensing objectives. These objectives are: 

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm

Who can apply

You must be an 'interested party' to apply for a review of a premises licence. This means you must be either:

  • a person living in the vicinity of the premises
  • a body (eg a residents association) representing people that live in that vicinity
  • a person involved in a business in the vicinity of the premises
  • a body (eg a trade association) representing people involved in businesses in the vicinity of the premises

Fees

There's no fee to apply for a review of a premises licence or certificate.

Before applying

Before applying for a review, you may want to think about if your concerns could be dealt with outside of the formal review process. This could involve:

  • talking to the licensee to see if there are any steps they may be willing to take to rectify the situation
  • asking us to talk to the licensee on your behalf
  • asking your local MP or councillor to speak to the licensee on your behalf
  • talking to the relevant responsible authority. For example, environmental health in relation to noise nuisance, or the police in relation to crime and disorder. This can determine if there's any other legislation that could help resolve the issue.

How to apply

You can apply for a review if the premises is in our licensing area.

Send your completed application form and any supporting documents to: Barnsley Council, Licensing, Regulatory Services, PO Box 634, Barnsley, S70 9GG.

What happens next

We'll consider if the reasons for review are relevant to one or more of the licensing objectives. If we deem the application relevant, we'll arrange for a notice to be displayed at the premises. This allows a period of 28 days for representations to be made.

We'll send copies of any representations we receive to the premises licence holder. We'll arrange for the council's licensing sub-committee to hear the application and representations within 20 working days. This begins the day after the close of the consultation. We'll send details of the date and time of the hearing and procedures to be followed to all those involved. We'll do this at least 10 working days before the day of the hearing.

The applicant for review, any interested parties and responsible authorities must give notice to us at least five working days before the start of the hearing. They must state:

  • whether they will attend the hearing in person
  • whether they will be represented by someone else (eg lawyer, councillor, MP)
  • whether they think a hearing is unnecessary (if, for example, parties have reached an agreement before the formal hearing)
  • any request for another person to attend the hearing. They'll also need to include details of how that person may be able to assist us in relation to the application.

Actions available to the licensing sub-committee

The licensing sub-committee can either:

  • make a decision at the end of hearing
  • have up to a maximum of five days from the last day of the hearing to come to a decision

After consideration of the application, the sub-committee may:

  • decide that no action is necessary to promote the licensing objectives
  • modify or add conditions to the licence
  • exclude a licensable activity from the licence
  • remove the designated premises supervisor
  • suspend the licence for a period (not exceeding three months)
  • revoke the licence

Appeal process

If an applicant, licence holder, responsible authority or interested party is aggrieved by the decision of the sub-committee, they can appeal against the decision. They can do this to Barnsley Magistrates Court. The appeal must be done within 21 days of receiving written notification of the sub-committee's decision.

Anyone considering such action are advised to take professional advice before starting such proceedings.

The contact details for the magistrates court are:

  • Barnsley Magistrates Court, Churchfields, Barnsley, S70 2DW
  • Phone: (01226) 320001