The 2003 Act permits anyone to make a 'representation' if they think they will be affected by an application for a premises licence. This includes any individual, body, business or organisation.
Whilst any of these persons may act in their own right, they may also request that a representative makes a representation to the Licensing Authority on their behalf. A representative may include a legal representative, a friend, a Member of Parliament, or a local ward or parish Councillor who can all act in such a capacity within the 28 day notice period.
If they think granting a new, or changing an existing licence or certificate would undermine any of the licensing objectives, they can make representations to the relevant licensing authority. The person or organisation does not have to live or have a business interest in the vicinity of the premises, but the representation must be `relevant’
Any person or a responsible authority can also ask the licensing authority to review a current premises licence or club certificate if problems occur which undermine the licensing objectives. The licensing objectives are:
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm.
For example, if you are concerned the granting of a variation will lead to an increase in crime and disorder in the area of the premises; this may be classed as a relevant representation.
The licensing authority will also not consider representations that are frivolous or vexatious. A frivolous representation is one that does not have a serious purpose or is not serious in its nature, whilst a vexatious representation is one that is made purely to cause annoyance to the applicant.
Please be aware that it is an offence to knowingly or recklessly make a false statement in connection with an application. The maximum fine which a person is liable on summary conviction for the offence is £5000.