Clifton and Hotwells Improvement Society (CHIS)

CHIS Valid Objections to Premises Licences

1. The Act and the Government Guidance state that a Premises Licence must be granted without debate if there are no objections. No objections can be raised if the application for a Premises Licence involves no change from the existing licence.
2. Residents and residents' associations can object to the issuing of Premises Licences if there are any changes proposed to an existing licence. Such objections must be based on evidence relating to the particular premises seeking the licence. It is vital to collect such evidence NOW, so that adequate data can be provided should an objection be made. This could include any instances of nuisance, noise or anti-social behaviour with time, date and place, and obviously this could be substantiated by ensuring that the Local Authority (Environment Health Department) and the Police know of each incident. It would also be wise to seek the data that the Police collect from their involvement in crime and disorder.
3. Residents and residents' associations can object to the issuing of a new Premises Licence. If this is for a premises without a relevant Class A3 use, obviously an approach to the Local Authorities Planning Department is the first step. The Guidance makes plain that the various bodies involved in the use of a building - planning, building regulations, Police, fire service, environmental health department, etc. - all have an interest, and when a planning application is placed, the opportunity to object to it or to insist on appropriate conditions arises. If planning consent exists but without an opening-hours condition, then the need for evidence of likely problems in relation to those already existing will be essential. Co-operation with other "interested parties" and their support will enhance any resident's objection.
4. Finally, residents and residents' associations can seek a review of a Premise's Licence if the conditions of the licence are being breached or if nuisance, noise, crime and disorder are occurring as a result of the management of a particular premises. It will be difficult to seek a review of several premise that are causing problems, because the Act and Guidance exclude this as a possibility. Here again co-operation and support from other "interested parties" will be essential to make a cogent case.
5. There is always the risk of being accused of being "frivolous, vexatious, repetitious", so circumspection is essential. If the Police object or wish to review a licence, it will be of value in the long run to be associated with their objection or review. Any proceedings occurring in a Licensing Authority's hearing runs no risk of costs being awarded against the objector. Any "interested party" and the applicant can go to Appeal in a Magistrate's Court regarding a decision taken by the Licensing Authority, but costs may be awarded against the losing party. Concerns about applications for a premises licence may be solved by adding conditions to the licence. The need for doormen, CCTV, sound-limiters, sound-proofing can all be relevant and added to a licence. The question of adequate transport to take patrons away from the licensed premises may be raised. The presence or absence of an appropriate Police force in the vicinity can be critical in preventing the problems that residents fear.

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