Current licensing applications

Responsible Authorities (such as the police, fire authorities, and environmental health) and Interested Parties (local residents and local businesses), under the Licensing Act 2003, are able to make representations to the licensing authority where it is considered that the activities proposed by an application are likely to effect the promotion of the four licensing objectives, which are:  

1. Prevention of crime and disorder
2. Public safety
3. Public nuisance
4. Protection of children from harm

How to make a representation

A representation can only be considered by the licensing authority if it is:

• Submitted within the statutory period of 28 consecutive days as advertised on the notice on the premises applying for the variation or in the local newspaper
• It is relevant to one ore more of the four licensing objectives
• It is not vexatious or frivolous
• It is made by a responsible authority or interested party

You should complete the representation form providing details for consideration by the licensing authority, before the end of the 28 day representation period.

Reasons for making a representation

You should make a representation if:

• You have concerns about the application that reflect the licensing objectives
• You want your concerns to be considered by the licensing authority

Once a representation is made

Once you have made a representation to the licensing authority, it will be acknowledged and on expiry of the 28 day period, either accepted, or rejected (for the reasons outlined above). You will receive notification of the outcome in writing.

If your representation is accepted you will also be sent a Notice of Hearing. This will detail a hearing date when the application to which your representation refers shall be considered and explain the procedures to be followed, which include:

• Negotiation between all parties
• Agreement by individual parties that hearing unnecessary
• No agreement between parties, hearing to proceed

If any party agrees that a hearing is unnecessary then the licensing authority will require their representation to be withdrawn and the applicants to confirm any modifications, as may be agreed, to their application.

Going to a hearing

If representations are not withdrawn the hearing shall commence on the specified date to be held at the Council Chamber, Shirehall, Hereford. The hearing shall consist of Licensing Regulatory Sub-Committee Members. You will be given the opportunity to:

• Attend the hearing and provide information in support of your representation, or
• Your representation will be heard in your absence

Further guidance on hearing procedures and your rights will be included with the Notice of Hearing sent to you on expiry of the 28 day period.

If you have any queries please contact us.