Making a licensing representation
How to make a representation in respect of a licensing application
Under the Licensing Act 2003 a 'relevant representation' may be made in opposition to, or in support of, a licensing application, and can be made by any individual, body or business, irrespective of their place of residence or location.
Who can make a 'relevant representation' in respect of an application?
Members of the public are permitted to make representations on:
- an application for a new premises licence or club premises certificate
- an application to vary an existing premises licence or club premises certificate
There is a 28 day consultation period for each of the above application types.
In addition, the licensing authority (Chesterfield Borough Council), and 'responsible authorities' also have the ability to make a representation in respect of the types of application listed above. Responsible authorities include Derbyshire Police, Derbyshire Fire and Rescue Service and other statutory bodies.
How to make a relevant representation
For a representation to be considered relevant (and therefore accepted by the licensing authority) it must:
- relate to one or more of the 4 licensing objectives,
- be submitted in writing within the consultation period, and
- not be frivolous, repetitive or vexatious in nature.
The four licensing objectives are as follows:
- prevention of crime and disorder
- prevention of public nuisance
- public safety
- protection of children from harm
Vexatious and frivolous representations:
A representation may be considered to be vexatious if it appears to be intended to cause aggravation or annoyance, whether to a competitor or other person, without reasonable cause or justification.
A frivolous representation would be categorised by a lack of seriousness.
Submitting your written representation:
You can use the form below to submit your representation. Complete the form in full and send it to:
Chesterfield Borough Council