Licensing Act 2003 Representations

Who can make representations to an application?
Under the Licensing Act 2003 only the responsible authorities and "interested parties" are able to make representations about an application. Representations may be in the nature of an objection to or in support of an application.

Who are the responsible authorities?
The responsible authorities are:

External Agencies

• Hampshire Constabulary

• Hampshire Fire and Rescue Service

• Health and Safety Executive (where they have responsibility for health & safety at work enforcement at the premises)

• Maritime and Coastguard Agency (where the premises comprise a vessel)

Southampton City Council Services

• Environmental Health Services

• Trading Standards Service

• Planning & Sustainability

• Safeguarding Children

Contact details for each of the responsible authorities are available via the link to the right of this page.

Who are interested parties?
An interested party is:

• A person living in the vicinity of the premises
• A body representing persons that live in that vicinity, for example a residents' association
• A person involved in a business in that vicinity
• A body representing persons involved in such businesses, for example a trade association

What does "in the vicinity" mean?
The Licensing Act 2003 does not provide a definition of "in the vicinity". However when making a decision as to whether an individual or body qualifies as an interested party, the Council will consider, for example, whether their home or business is likely to be directly affected by disorder and disturbance occurring or potentially occurring from either inside or immediately outside the premises for which application is being made.

What can responsible authorities and interested parties make representations about?
Only representations that relate to at least one of the four licensing objectives can be considered. The licensing objectives are:

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

Representations must clearly set out the likely effects the grant of the licence would have on the promotion of at least one of the licensing objectives, and must clearly relate to the premises for which application is being made. For example, representations on the basis of general noise and disturbance, without evidence of a causal link to specific premises, are unlikely to be persuasive.

Petitions are unlikely to be acceptable unless every page clearly shows the reasons for the petition and each petitioner gives their name, address and signature. In any case, petitions are unlikely to carry as much weight with the Licensing Committee as letters from individuals.

The Act requires the Council to disregard representations that are considered to be frivolous or vexatious.

What are frivolous or vexatious representations?
As a general rule, frivolous representations are likely to lack seriousness. This does not meant that a trivial complaint would always be considered frivolous, but it must relate to one of the licensing objectives in order to be relevant.

Vexatious representations may, for example, arise because of disputes between rival businesses.

Can representations be made to every application?
No, representations can only be made to applications for the grant, variation or provisional grant of a licence or club premises certificate or on an application for review of a licence or certificate.

This means that representations could not have been made to applications for conversion of a licence granted under the old regime on a "like for like" basis or to a temporary event notice. However, representations can be made to an application for a new licence or one seeking to vary an existing licence, for example, to stay open later for the sale of alcohol, entertainment or hot food and drinks.

The only exception to this is the Police, who can comment on all types of applications and notices.

Can responsible authorities and interested parties be represented?
Yes, but they will need to specifically authorise someone to act on their behalf. An interested party could ask, for example, a legal representative or friend to act on their behalf. Please note that the representative will act as an advocate for the interested party - they can only present and explain the representation, will not be able to add matters not referred to in the representation or present their own views on the application.

Who should representations be sent to?
Send your representations, which must be made in writing and include your name and full address, to:

The Licensing Team
Southampton City Council
PO Box 1344
Southampton
SO15 1WQ

The Licensing Team must receive representations no later than the last date specified in the notice of application, as the Act does not allow the City Council to consider late representations. This date will be 28 days after the City Council received a valid application.

What happens after an interested party has made representations?
Representations that are irrelevant, frivolous or vexatious must be disregarded, so, on receipt the Licensing Team will check that the representations can be considered. In borderline cases the representations will be placed before the Licensing Sub-Committee, who may choose not to consider them.

What happens if representations are not accepted as relevant?
The Licensing Team will write and tell you. The legislation does not provide any right of appeal against such a decision, other than by way of application for judicial review to the High Court.

What happens when representations are relevant?
A copy of the representations will be sent to the applicant and arrangements will be made for the Council's Licensing Sub-Committee to hear the application and the representations made to it. Hearings will take place in public, although the Sub-Committee may, in certain instances, decide that it is in the best interests of the public to hold hearings in private.

The details of all representations (including the interested parties' names and addresses) will be included in a report that the Licensing Team will prepare for the hearing. These reports are public documents and the City Council is required to publish them.

Interested parties will be invited to attend the hearing, as will the applicant and any responsible authorities that have made representations. Any party may be assisted or represented by any person at the hearing regardless of whether that person is legally qualified.

The Licensing Team will notify everyone of the date and time of the hearing and provide details of the procedure to be followed at the hearing.

At the hearing the Sub-Committee will decide whether to grant the application in full or in part, and if granted what conditions should be imposed on the licence.

Is a hearing always required?
No, it is possible for all parties to agree that a hearing is unnecessary. In such instances, and subject to the Council also agreeing that a hearing is not required, the matter will be dealt with by the officers or, exceptionally, the Licensing Sub-Committee will decide the application on the basis of a written report only.

Can representations be withdrawn?
Yes, by giving notice to the Licensing Team no later than 24 hours before the day of the hearing or in person at the hearing.

Who makes the decision?
The Licensing Committee is made up of 15 elected Members of the Council and the Licensing Sub-Committee will comprise of any 3 of those Members.

What can responsible authorities and interested parties do if they are unhappy with the decision of the Sub-Committee?
They can appeal direct to the Southampton Magistrates' Court within 21 days of the decision of the Sub-Committee. Anyone considering an appeal is strongly advised to take professional legal advice prior to commencing on this potentially costly course of action.

The Southampton Magistrates' Court is at 100 the Avenue, Southampton, SO17 1EY - 'phone 023 8038 4200

What if there are problems after a licence is granted?
A responsible authority or an interested party can seek a review of a licence. The legislation sets out detailed requirements for reviews - follow the "Reviews" link to the left of this page for further information.

Further Information
Further guidance on reviews is also available from the DCMS via the link on the right of this page.

Contact information

Email: licensing@southampton.gov.uk

Telephone: 023 8083 4209

Fax: 023 8083 4061

Postal address:
Licensing Team
Southampton City Council
PO Box 1344
Southampton
SO15 1WQ

Document Exchange: DX 115710 Southampton 17

Personal callers:
Licensing Team
Southbrook Rise
4-8 Millbrook Road East
Southampton
SO15 1YG

Opening hours:

Members of the licensing team will normally be available at Southbrook Rise to assist personal callers on weekdays between 09:00 and 12:00 and between 14:00 and 16:00. We may be available at other times by prior appointment.

Please note that the addresses and numbers given above should only be used for communication with the licensing team.