Who may make representations to an application?
Under the Licensing Act 2003 a responsible authority or any other person may make representations about an application. Representations may be in the nature of an objection to or in support of an application.
Changes to the Licensing Act 2003 (“the 2003 Act”) by virtue of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”) have now removed the test of “vicinity” from the 2003 Act and as a consequence, the categories of “interested party” or “member of the relevant licensing authority” no longer exist.
Therefore, any person will be able to make representations in relation to certain types of applications. However, all representations must relate to the licensing objectives and may not be frivolous or vexatious.
Contact details for each of the responsible authorities are available in the “Guidance - Responsible Authorities” document below.
Who are the responsible authorities?
The responsible authorities are:
External Agencies
• Hampshire Constabulary
• Hampshire Fire and Rescue Service
• The NHS Southampton City Primary Care Trust
• The Health and Safety Executive (where they have responsibility for health & safety at work enforcement at the premises)
• The Maritime and Coastguard Agency (where the premises comprise a vessel)
Southampton City Council Services
• Environmental Health Services
• Trading Standards Service
• Planning & Sustainability
• Safeguarding Children
What can representations be made 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 be in writing setting out the likely effects that the grant of the application 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.
It will be for the person making the representation to show reasons why the grant of the application is likely to affect on them or their business, and show authority to act if they make a representation to an application on behalf of a body representing others, such as a residents' or business association.
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. Individually produced representations will inevitably carry more weight than "form" letters where an individual's details have been added.
The Act also 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 and demonstrate evidence of the points made 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; responsible authorities and other persons may only make representations in respect of applications for the grant, variation (including minor variation), of a premises licence or club premises certificate, the grant of a provisional statement or on an application for review of a licence or certificate. Councillors have no special status over and above any other person.
This means that representations can be made to an application for a new licence or variation of an existing licence, for example, to stay open later for the sale of alcohol, entertainment or hot food and drinks.
With the exception of the Police, who can comment on all types of applications and notices, and Environmental Health, who can additionally comment on temporary event notices, no representations can be made in respect of other applications such as transfer, variation of designated premises supervisor (DPS) or temporary event notices.
Can anyone be represented at the hearing?
Yes, but they will need to specifically authorise someone to act on their behalf. Someone making a representation 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 person who made the representation - they can only present and explain the representation, and will not be able to present their own views on the application or add matters not referred to in the representation.
Who should representations be sent to?
Send your representations, in writing, and include your name and full address, to the Licensing Team - contact details below.
The Licensing Team must receive representations no later than the last date specified in the notice of application, as the legislation 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 representations have been made?
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, which may choose not to consider them.
If your representation is not accepted as relevant or deemed to be frivolous or vexatious, 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 representation will be sent to the applicant by the Licensing Team 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 public interest to hold hearings in private.
The details of all valid representations (including the names and addresses of those making representations) 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 by law to publish them.
All who have made representations will be invited to attend the hearing, as will the applicant. Any person or responsible authority may be assisted or represented by any person at the hearing regardless of whether that person is legally qualified, but see the paragraph above about representatives at hearings for the restrictions.
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 some cases. 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 hearing or in person at the hearing.
Who makes the decision?
The Licensing Committee is made up of twelve elected Members of the Council and the Licensing Sub-Committee will comprise of any three of those Members. The Sub-Committee considers applications quasi-judicially - evidence is not heard on oath as in a court, but the Sub-Committee is required to determine applications in accordance with the evidence before it at the hearing.
What can applicants, responsible authorities and persons who have made representations 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 any other person 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
Guidance on the responsible authorities and their roles appears below. Further guidance on representations is also available from the Home Office via the link below.
Southampton City Council
