Review of a premises licence
This application to review must relate to the following licensing objective(s)
the prevention of crime and disorder
the prevention of public nuisance
public safety
the protection of children from harm
To review a licence, you must be one of the following:
a person living in the vicinity of the premises
a body representing persons living in the vicinity of the premises
a person involved in business in the vicinity of the premises
a body representing persons involved in business in the vicinity of the premises
a responsible authority
a member of the club to which the application relates
As well as returning the completed review application to the Licensing Authority, you will
need to notify the holder of the premises licence and each responsible authority of their
request, by sending them a copy of the application for review together with any
accompanying documents, on the same day as the application is given to the relevant
licensing authority.
The addresses you will need are attached in the Appendix.
The licensing authority can reject any ground for a review if it considers it to be frivolous,
vexatious or a repetition. If not rejected, the licensing authority must hold a hearing to
consider the application. You will be notified of the date of the hearing.
Please note: it is an offence knowingly or recklessly to make a false statement in
connection with an application.
If you would like a copy of The London Borough of Tower Hamlets’ Licensing Policy,
please contact the Licensing Section OR go to the Councils web page:
[Link]
If you need any further help then please contact the licensing section, and we will be happy
to help.
London Borough of Tower Hamlets - Licensing Section
Mulberry Place (AH)
PO BOX 55739
5 Clove Crescent
London E14 1BY
Telephone: 020 7364 5008
Fax: 020 7364 0863
Email: licensing@[Link]
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Appendix 2
Responsible Authorities
There are a number of “Responsible Authorities”. These have been designated
by the Government. Any variation application should be discussed with the
relevant authorities first. All new and variation applications have to be sent to the
responsible authority.
If you are not sure you will need to check which organisation is responsible for
health and safety before you send off your forms.
(a) The Chief Officer of Police for any Police area in which the premises are
situated –
Metropolitan Police Service
Tower Hamlets Division
Licensing Office
Bethnal Green Police Station
12 Victoria Park Square
London E2 9NZ
Tel: 020 8217 4118
(b) The Fire Authority for any in which the premises are situated –
London Fire & Emergency Planning Authority
Tower Hamlets Fire Safety Team
43 Westferry Road
London E14 8JH
Tel: 020 7587 2945
(c) The enforcing Authority within the meaning given by Section 18 of the
Health and Safety at work etc. Act 1974 and the local Weights and
Measures Authority (within the meaning for section 69 of the Weights and
Measures Act 1985) for any area in which the premises are situated –
i.) Health and Safety
London Borough of Tower Hamlets
Environment Commercial and Trading Standards
Mulberry Place (AH)
PO Box 55739
5 Clove Crescent
London E14 1BY
Tel: 020 7364 5008
OR
ii.) Health and Safety Executive
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Field Operations Division
4th Floor, North Wing,
Rose Court, 2 Southwark Bridge
London SE1 9HS
Tel: 020 7556 2100
OR
iii.) Maritime Coastguard Agency
Marine Office
Central Court
1B Knoll Rise
Orpington, Kent
BR6 0JA
Tel: 0168 9890400
AND
iv.) Local Weights and Measures Authority
Trading Standards
Administration Section
Mulberry Place (AH)
PO Box 55739
5 Clove Crescent
London E14 1BY
Tel: 020 7364 5008
*Each licensee should know which Authority is responsible for their
Health and Safety – a copy of the application should be sent to the
relevant Authority.
(d) The local Planning Authority within the meaning given by the Town and
Country Planning Act 1990 (c.8) for any area in which the premises are
situated –
Directorate of Development and Renewal
Development Control
Mulberry Place (AH)
P.O. Box 55739
5 Clove Crescent
London E14 1BY
Tel: 020 7364 5009
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(e) The local Authority by which statutory functions are exercisable in any area
in which the premises are situated in relation to minimising or preventing
the risk of Pollution of the environment or of harm to human health –
London Borough of Tower Hamlets
Environmental Protection
Administration Section
Mulberry Place (AH)
PO Box 55739
5 Clove Crescent
London E14 1BY
Tel: 020 7364 5007
(f) A body which:
i.) Represents those who, in relation to any such area, are responsible for, or
interested in, matters relating to the protection of children from harm; and
ii.) Is recognised by the Licensing Authority for that area for the purposes of
this section as being competent to advise it on such matters
Jane Cooke, Group Manager, Child Protection
CPRS Unit
2nd Floor
Mulberry Place
5 Clove Crescent
London
E14 2BG
Tel: 020 7364 3496
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Licensing Act 2003
REVIEWS
Requesting a review of a premises licence
An interested party or responsible authority can, at any time, apply to the licensing
authority for a review of a premises licence on a ground relating to one or more of the
licensing objectives. An application for the review of a premises licence or club premises
certificate must be given in writing and be in the prescribed form. Licensing authorities
may make provision for applications for reviews to be made electronically, but this should
be agreed in advance.
The person or body requesting the review must notify the holder of the premises licence
and each responsible authority of their request, by sending them a copy of the application
for review, together with any accompanying documents, on the same day as the
application is given to the relevant licensing authority. The licensing authority must
advertise the application for the review and invite representations from responsible
authorities and interested parties. An interested party or a responsible authority has a
period of 28 days in which to make representations to the relevant licensing authority.
The licensing authority can reject any grounds for a review if it considers it to be
frivolous, vexatious or a repetition. If not rejected, the licensing authority must hold a
hearing to consider the application.
How do I apply for a review of a premises licence?
An application for the review of a premises licence or club premises certificate must be
given in writing and be in the prescribed form. Licensing authorities may make provision
for applications for reviews to be made electronically, but you should check with the
relevant licensing authority first.
The person or body requesting the review must notify the holder of the premises licence
and each responsible authority of their request, by sending them a copy of the application
for review, together with any accompanying documents, on the same day as the
application is given to the relevant licensing authority.
What happens next?
The relevant licensing authority must advertise the application for the review by displaying
a pale blue A4 (or larger) notice, printed legibly in black ink or typed in black, in a size
equal to 16 font (or larger):
• Prominently at, on or near the premises to which the application relates, where it
can be conveniently read from the exterior of the premises by the public (where the
premises covers an area of more than 50m squared, a further notice in the same
form and subject to the same requirements every 50 metres along the external
perimeter of the premises abutting any highway). The notice must be displayed for
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28 consecutive days, starting on the day after the application is given to the
relevant licensing authority
• At the offices, or the main offices of the licensing authority in a central and
conspicuous place
• In a case where the relevant licensing authority maintains a website for the purpose
of advertisement of applications given to it, by publication of a notice on that
website
The notice must be displayed for 28 consecutive days, starting on the day after the
application is given to the relevant licensing authority.
An interested party or a responsible authority has this period of 28 days in which to make
representations to the relevant licensing authority.
The licensing authority can reject any ground for the review if it considers it to be
frivolous, vexatious or repetitious. If not rejected, the licensing authority must hold a
hearing to consider the application.
In the case of a review of a premises licence following a closure order by a magistrates
court, an interested party or a responsible authority has a period of 7 days from when the
licensing authority receives the order, in which to make representations about the review.
What information needs to be included in the advertisement for review?
Notices advertising applications for reviews and reviews of a premises licence following a
closure order, need to state:
• The address of the premises about which an application for a review has been
made
• The dates between which interested parties and responsible authorities may make
representations
• The grounds of the application for review
• That postal address and website address (if any) where the register of the relevant
licensing authority is kept and where and when the grounds for the review may be
inspected
• That it is an offence knowingly or recklessly to make a false statement in
connection with an application and the maximum fine for which a person is liable
on summary conviction for the offence
Do I have to pay a fee?
The Licensing Act 2003 (Fees) Regulations 2005 does not prescribe a fee for making
representations, or applying for the review of a premises licence or club premises
certificate.
Can the licensing authority make representations on a licence application or ask for a
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review of a licence?
No (except where a premises is situated in more than one area and a different licensing
authority is determining the application) the Act does not give the licensing authority
considering the application the power to make representation in relation to the application
for a premises licence or request a review of a premises licence.
The same provisions apply in relation to club premises certificates and provisional
statements.
Q&A
What are the licensing objectives?
What are relevant representations?
What does frivolous, vexatious or repetitious mean?
What are the licensing objectives?
The Act provides four objectives. In carrying out its functions the licensing authorities
must do so with a view to promoting the objectives. They are:
• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm
These licensing objectives have been formulated to ensure that the carrying on of
licensable activities is done in the overall public interest. Any representations made in
relation to an application for a provisional statement, a premises licence or club premises
certificate (or a variation) or in respect of a review must be about the likely effect of
granting the application on the promotion of one or more of the licensing objectives.
What are relevant representations?
In brief "relevant representations" is the expression used in the Act for comments including
objections on applications etc.
For a representation to be relevant it must:
• Relate to the effect of the grant of the licence on the promotion of the licensing
objectives
• Be made by an interested party or responsible authority
• Not have been withdrawn
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• Not be 'frivolous or vexatious' or, in the case of a review, 'repetitious' if made by
an interested party
• If it concerns the premises supervisor be made by a chief officer of police and
include a statement explaining the reasons for the objection
The Secretary of State has made regulations under the Licensing Act 2003 in relation to
the making of representations.
What does frivolous, vexatious or repetitious mean?
Frivolous or vexatious will bear their ordinary meaning. The licensing authority must form
a view as to whether a reasonable person would consider the observations frivolous or
vexatious.
In the case of a review of the licence, the Act provides that for a ground to be a repetition
it must be identical or substantially similar to a ground for review already made. For a
representation to be a repetition it is identical or substantially similar to one already
considered by the authority before it determined an application, or the representation
would have been considered but for the fact that they were excluded representations
following a provisional statement. Further, the Act provides that it will be a repetition if a
reasonable interval has not elapsed since the earlier application or review.
For any further enquiries please contact:
London Borough of Tower Hamlets - Licensing Section
Mulberry Place (AH)
PO BOX 55739
5 Clove Crescent
London E14 1BY
Tel: 020 7364 5008
Fax: 020 7364 0863
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LICENSING ACT 2003
This form should be completed and forwarded to:
London Borough of Tower Hamlets,
Licensing Section, Mulberry Place (AH),PO BOX 55739,5 Clove Crescent, London E14 1BY
Application for the review of a premises licence or club premises certificate
under the Licensing Act 2003
PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form.
If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your
answers are inside the boxes and written in black ink. Use additional sheets if necessary.
You may wish to keep a copy of the completed form for your records.
I …………………………………………………………….………………… (Insert name
of applicant) apply for the review of a premises licence under section 51 / apply for the
review of a club premises certificate under section 87 of the Licensing Act 2003 for
the premises described in Part 1 below (delete as applicable)
Part 1 – Premises or club premises details
Postal address of premises or club premises, or if none, ordnance survey map reference or description
Post town Post code (if known)
Name of premises licence holder or club holding
club premises certificate (if known)
Number of premises licence or club premises
certificate (if known)
Part 2 - Applicant details
Please tick yes
I am
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1) an interested party (please complete (A) or (B) below)
a) a person living in the vicinity of the premises
b) a body representing persons living in the vicinity of the premises
c) a person involved in business in the vicinity of the premises
d) a body representing persons involved in business in the vicinity of the premises
2) a responsible authority (please complete (C) below)
3) a member of the club to which this application relates (please complete (A) below)
(A) DETAILS OF INDIVIDUAL APPLICANT (fill in as applicable)
Mr Mrs Miss Ms Other title
(for example, Rev)
Surname First names
Please tick yes
I am 18 years old or over
Current postal
address if different
from premises
address
Post Town Postcode
Daytime contact telephone number
E-mail address
(optional)
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(B) DETAILS OF OTHER APPLICANT
Mr Mrs Miss Ms Other title
(for example, Rev)
Surname First names
Please tick yes
I am 18 years old or over
Current postal
address if different
from premises
address
Post Town Postcode
Daytime contact telephone number
E-mail address
(optional)
(C) DETAILS OF RESPONSIBLE AUTHORITY APPLICANT
Name and address
Telephone number (if any)
E-mail (optional)
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This application to review relates to the following licensing objective(s)
Please tick one or more boxes
1) the prevention of crime and disorder
2) public safety
3) the prevention of public nuisance
4) the protection of children from harm
Please state the ground(s) for review (please read guidance note1)
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Please provide as much information as possible to support the application (please read guidance note 2)
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Please tick ? yes
Have you made an application for review relating to this premises before
If yes please state the date of that application
Day Month Year
If you have made representations before relating to this premises please state what they
were and when you made them
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Please tick yes
I have sent copies of this form and enclosures to the responsible authorities and the premises
licence holder or club holding the club premises certificate, as appropriate
I understand that if I do not comply with the above requirements my application will be rejected
IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5
ON THE STANDARD SCALE UNDER SECTION 158 OF THE LICENSING ACT
2003 TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS
APPLICATION
Part 3 – Signatures (please read guidance note 3)
Signature of applicant or applicant’s solicitor or other duly authorised agent (please read guidance
note 4). If signing on behalf of the applicant please state in what capacity.
Signature ……………………………………………………………………………………………………
……………
Date
………………………………………………………………………………………………………………
…
Capacity ………………………………………………………………………………………………………
…………
Contact name (where not previously given) and address for correspondence associated with this
application (please read guidance note 5)
Post town Post code
Telephone number (if any)
If you would prefer us to correspond with you using an e-mail address your e-mail address (optional)
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Notes for Guidance
11. The ground(s) for review must be based on one of the licensing objectives.
2Please list any additional information or details for example dates of problems which
are included in the grounds for review if available.
3 The application form must be signed.
4An applicant’s agent (for example solicitor) may sign the form on their behalf
provided that they have actual authority to do so.
5This is the address which we shall use to correspond with you about this
application.
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