This page contains information about dealing with problem premises under the Licensing Act 2003. If you need any guidance or advice about anything on this page please contact us by telephone or email. Our telephone line is open Monday to Thursday 9am - 5pm and Friday 9am - 4:30pm.
Licensing Act 2003
Under the Licensing Act 2003 Erewash Borough Council is the licensing authority. The licensing authority issues premises licences which allow many types of business to carry out certain licensable activities:
Sale by retail of alcohol
Supply of alcohol
The provision of regulated entertainment
The provision of late night refreshment (hot food and drink between 11pm and 5am).
This affect pubs, bars, restaurants, supermarkets, off licences, members only clubs, cinemas, theatres and late night takeaways to name just a few.
What Can You Do About Problems at Licensed Premises?
Contact the Licensee
You should first try to resolve the problems informally with the licence holder. Tell them about the problems you are experiencing and give them the opportunity to resolve the problem. Our experience shows that early communication with licence holder can achieve a swift resolution to any problems. While we appreciate some people may not favour this option we encourage all licence holders to listen to the concerns of local residents. In turn we would encourage you to first inform the licence holder so they are aware of the problem.
Monitor the situation
Once you’ve spoken to the licensee wait to see if things improve. Keep a diary of the dates and times when problems occur. If this is not successful you need to build your case. In all instances you should keep a diary of incidents of noise or anti-social behaviour, for example.
In this way information can be built up about premises so the relevant officer can take action. It may also assist the licensing officer or police to identify where problem premises are for enforcement action on breach of licensing conditions.
Report the problem - Who Should You Contact?
You should contact any of the following, depending on the nature of your complaint:
- Breach of licensing conditions - contact the council's licensing officers
- Noise from entertainment - contact our pollution/licensing officers
- Safety issues at the premises - contact our health and safety officers
- Breach of Planning Conditions - contact our planning officers
- Underage sales of alcohol - contact Derbyshire police and the council
- Crime and disorder - contact Derbyshire Police.
Once you have gathered your evidence and if the problem still persists you may seek a formal review of the licence.
Who Can Apply for a Review of a Licence?
The 2003 Act allows anyone to apply for the review of a premises licence or club certificate. This includes any individual, body, business or organisation.
You can apply for a review of an existing licence at any time, without having to wait until the licence holder applies to renew or vary the licence. When you apply for a review the review is advertised by the licensing authority, and the Responsible Authorities can make representations when they receive notice of the application for review.
On What Grounds Can You Apply for a Review?
All information, including the information in your incident diary, must relate to one or more of the statutory licensing objectives. The licensing objectives are:
- The prevention of crime and disorder
- The prevention of public nuisance
- Public safety
- The prevention of harm to children
Go to Licensing Policy for information about the four licensing objectives and the Council's current Licensing Policy.
An application for a review made by any person, body or business will not be relevant if the licensing authority considers it to be vexatious or frivolous.
What Do You Need to Send to Us?
- The completed application form
- copies of all supporting documents, including a diary of incidents
- On the same day you must send a copy of the form which has your name and address on it to the holder of the premises licence or club premises certificate in question.
You will also need to send a copy of your application form and documents to each of the Responsible Authorities.
Equal Opportunities Monitoring
Erewash Borough Council is actively committed to treating all customers with dignity and respect regardless of race, gender, disability, age, sexual orientation, religion or belief. We would like to know who our customers are to check that everyone in the Borough is accessing the services they are entitled to and that no-one is is discriminated against unlawfully. Please take a short time to download and complete the Equal Opportunities Monitoring Form. All information will be treated as confidential and all questions are voluntary. This will help us to ensure that our services are fair and accessible to all. Please return the completed form to email@example.com.
For further information regarding problem premises and Reviews please contact the Licensing Authority using the details below:
Erewash Borough Council
Nottingham NG10 1HU
Tel: 0115 9171113
Fax: 0115 9171121