Licensing Act 2003

Licensing Act 2003

The Licensing Act 2003 covers any or all of the following -

supplying alcohol
providing regulated entertainment
providing late night refreshment

When licensing functions are undertaken there are four statutory licensing objectives which are of equal importance which must be addressed.  These are:
The prevention of crime and disorder; 
Public safety; 
The prevention of public nuisance; and 
The protection of children from harm. 

In addition the Council must have regard to statutory guidance and its Licensing Policy agreed at Full Council from time.

Licensing Applications are formal applications of which Authorised Persons and Responsible Authorities are automatically notified so that they may make formal representations.  The License Applicant is also required to give public notice of the application following which any other person make formal representations.  

Where representations are received by the Council a  sub-committee comprising of 3 members of the Licensing Committee is convened to consider those representations and to consider whether in the light of those representations the application should be granted or be granted subject to conditions.

Immediately prior to undertaking a formal hearing to consider the application, the sub-committee are required to determine whether representations submitted by any other person are relevant or are properly regarded as frivolous or vexatious. To be relevant representations must relate to the impact of licensable activities carried on from premises on the licensing objectives (see above).

Any representation or notice of objection must be made within 28 days of the Licensing Section receiving the application.

Any representation/objection must be made in writing to -

Licensing Section
Licensing Act Team
33 Witham

The Council’s Licensing Policy, the Statutory Guidance and a form to enable persons other than the Authorised Persons and Responsible Authorities to make representations are contained in the folder below.

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