What Happens When a Premises Licence Is Reviewed? – A Guide for Licensees and Managers

What Is a Licence Review?

A Review is a formal process under the Licensing Act 2003 that allows concerns about a Licensed Premises to be examined by the Local Authority. It can lead to changes to the Licence – or even its suspension or revocation – if the premises is found to be undermining one or more of the four licensing objectives:

Prevention of crime and disorder
Public safety
Prevention of public nuisance
Protection of children from harm.

Without being melodramatic, a Premises Licence Review can be an existential threat to your business and must always be taken extremely seriously. You should therefore seek specialist advice at the very earliest opportunity.

Who Can Request a Review?

Responsible Authorities (e.g. Police, Environmental Health, Trading Standards, Licensing Officers)
Any other person (e.g. local residents, businesses, councillors, or community groups)

Grounds for Review:

The application must:

Relate to one or more of the licensing objectives, listed above.
Not be frivolous, vexatious, or repetitious
Be supported by evidence (e.g. logs of incidents, complaints, police reports) etc.

What Happens After a Review Is Requested?

The application is submitted to the Licensing Authority, licence holder, and all Responsible Authorities. A Licensing officer will visit and display a pale blue Public Notice outside your premises. Do NOT take it down, obstruct or interfere with it in any way. The Notice will also be displayed on the council’s website for 28 days.

During these 28 days, Representations are ‘invited’. Other bodies or persons may submit supporting or opposing comments.

At the end of the 28 days, a Hearing is scheduled.

A Licensing Sub-Committee (usually 3 councillors) holds a public hearing to consider the evidence. It looks and feels very much like a Court case, but is in fact a Hearing/

Possible Outcomes of a Review:

The Licensing Sub-Committee may decide to:

Take no action
Modify the Licence conditions
Exclude a licensable activity (e.g. live music)
Remove the Designated Premises Supervisor (DPS)
Suspend the Licence (up to 3 months)
Revoke the Licence entirely.

Fast-Track Reviews (Section 53A):

In cases involving serious crime or disorder, the Police can request a summary review, which will result in a Hearing within 48hrs, and immediate interim steps, such as suspension of the Licence pending a Full Hearing. NB The premises MUST be licensed to sell alcohol, so this feature is not applicable to Fast Food Restaurants which sell no alcohol, for example.

Good Practice Before a Review: