Make a representation
For premises licence applications (full application, variation, minor variation) the Licensing Act 2003 facilitates a process of public consultation, by way of a notice displayed at a premises, and in some cases a newspaper advertisement. The close of the period for consultation, and in which time all representations must be received, will be outlined on these documents.
Those wishing to make a representation should utilise North Devon Council’s Representation Form.
Where relevant (and non-frivolous /non-vexatious) objections or representations are received, the licensing authority must hold a hearing and consider the representations, unless successful mediation has occurred.
Representations must be considered by the licensing authority to have an impact on the promotion of one or more of the licensing objectives. It is important to note that representations can be negative (objection) or positive (in support) of the application and should be made utilising the above form.
Where no objections or relevant representations are made by responsible authorities or other persons, the licensing authority must grant a premises licence application on the 29th consecutive day subject only to the Licensing Act 2003 mandatory conditions and the applicant’s operating schedule.
Persons making representations under the Licensing Act 2003 should be aware that their personal details will normally be disclosed during the hearing process to the licence applicant. They will also appear in any hearing report published on the Council’s website. Where an notice of a hearing is given to an applicant, the Licensing Authority is required by regulations to provide the applicant with copies of representations, however in exceptional circumstances where there are fears of intimidation or harassment and the Authority considers that a person has a genuine and well-founded fear of intimidation and may be deterred from making a representation, the Authority may consider alternative approaches. Further information can be found in North Devon Council’s Licensing Act 2003 Policy.