Your representation must be made in writing (an email or letter) to the licensing authority responsible for the area where the premises are situated.

Submit a representation

Email – licensing@southnorfolkandbroadland.gov.uk

Post – Broadland District Council or South Norfolk Council, Licensing Team, The Horizon Centre, Peachman Way, Broadland Business Park, Norwich, NR7 0WF.

If you are not using our template please ensure you stipulate the application reference number and name of the premises so we can clearly identify which application your representation relates to.

We would also suggest for clarity that the content of your representation is divided into one or more of the licensing objectives you are referring to. A representation must be about the likely effect (positive or negative) of granting the licence, or certificate, on the promotion of at least one of the four licensing objectives. If a representation or request does not relate to one of these objectives it will be deemed invalid and will not form part of the application process.

It will also assist if the representations are evidence based. You may therefore wish to document problems by, for example, keeping a diary detailing specific problems together with dates and times. If no relevant representations are made against an application, the licence or variation must be granted.

Please remember that lodging a representation is a serious matter. Any representation must be factually correct. It is an offence to knowingly or recklessly make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for such an offence is £5,000.

When an applicant has submitted their application for a new premises licence or to vary an existing licence, they must advertise the application by doing the following:

1. Place a notice at the premises in a prominent place (where it can be easily seen by the public from outside the premises) on A4 pale blue paper.

2. The information provided must be clearly legible and written in black ink.

3. Place a copy of the notice every 50 metres on the external perimeter wall or fence (next to the highway) where the premises covers an area greater than 50 metres square.

4. Place a public notice in the local newspaper nearest to the premises for which the application is being made within 10 days of the submission of the application.

The Council will:

1. Publish details of the application on its website above.

Any licence application made must promote/support the licensing objectives. If you wish to make a representation, it must relate to one or more of the following licensing objectives or it will not be relevant.

• The Prevention of Crime and Disorder - This relates to any crime, disorder or anti-social behaviour related to the management of the premises.

• Public Safety - This relates to the physical safety of the public on the premises.

• The Prevention of Public Nuisance - This can relate to the hours of operation, noise and vibration, noxious smells, light pollution and litter.

• The Protection of Children from Harm – Moral, psychological and physical harm to those under 18 years of age.

If you are concerned that granting a licence in the terms it has been applied for is likely to have an adverse effect on the promotion of one or more of these objectives, you have 28 consecutive days, starting on the day after the day on which the application was given to the Council, to make a representation. You can also make a representation in support of the application within this time frame. You can check the consultation dates on the site notice erected at the premises in question, on the public notice published in the local press, by checking the Council’s website or by contacting the Licensing Team.

Any representations received outside of the consultation period will not be considered.

An applicant should volunteer relevant conditions within their application to demonstrate how they will promote the licensing objectives.

It is important to remember that with variation applications, businesses will already be adhering to legislation in other areas and may already have relevant conditions included on their licence so they may feel there is nothing additional they need to do to promote the licensing objectives.

All new licence applications will have legally binding, mandatory conditions added automatically. In addition, new conditions can be added by the responsible authorities and, where relevant, a Licensing Sub-Committee when a hearing is held to determine the application.

Please check the application to see whether the applicant has covered your concerns in the conditions they have volunteered within their application or contact the Licensing Team to check if any additional conditions have been agreed between the responsible authorities and applicant. This may alleviate your concerns and negate the need for you to submit your representation.

Any person or responsible authority (see below) can lodge a representation. You must supply your name and address details. These will be passed on to the applicant, along with the content of your representation. Under the Licensing Act the applicant is entitled to know the details of those persons submitting representations. Should the application be heard before a Licensing Sub-Committee your details and representation will form part of the report which is a public document.

You may wish to submit a representation as part of a petition. Any petitions made in respect of an application must meet the following minimum requirements:

• It must be clear to which premises/application the petition relates.

• The petition must relate to one or more of the licensing objectives.

• Each page must include information as to the purpose of the petition (so it is clear signatories were aware what they were signing).

• Full names and addresses must be supplied, in a legible manner.

• It should be made clear to all signatories that a copy of the petition, containing their details will be passed to the applicant and contained within the committee papers, which, in the event of a hearing become public documents

• The first named respondent is taken to be in the instigator of the petition, and will be used as the point of contact in terms of any queries about the petition.

• The first named respondent will be expected to represent the signatories at a hearing and to communicate any information to other signatories as appropriate – the Licensing Authority will not contact each signatory as if they were making individual representations.

• The licensing authority reserves the right to make such checks as to the validity of the petition signatories as it feels appropriate.

Petitions not received by the licensing authority in this format are unlikely to be classed as a relevant representation.

If you do not wish for your representation to be passed on in its entirety to the applicant you have the option of contacting your local councillor. The councillor could then put forward your comments by way of a councillor representation. However, this would be a “councillor” representation and, as such, would likely carry less weight than a representation received directly from a resident. This would be taken into consideration when determining the application. Councillors who are part of the licensing committee will not be able to enter discussions with you about the application, outside of the formal hearing, so it is suggested that you do not approach them to represent you. Councillors can also submit their own representation.

The responsible authorities are:

• Norfolk Constabulary

• Norfolk Fire and Rescue Service

• Norfolk Safeguarding Children Board

• Local Authority Health & Environmental Services

• Local Authority Planning Department

• Local Authority Licensing Team

• Trading Standards

• The Public Health Department

• Home Office

The licensing authority can only consider representations or requests that are not “vexatious” or “frivolous”. Whether representations are frivolous or vexatious will be for the Council to determine.

We will inform the applicant/agent of your representation to see if both parties can come to a mutually agreeable outcome. In circumstances where an agreeable outcome cannot be achieved, the application and all relevant representations will be considered and determined by the Licensing Sub-Committee. We will notify you of the date, time and location of the hearing by way of a Notice of Hearing. This will be accompanied by an information sheet that tells you the procedure for the Licensing Sub-Committee.

Whilst you do not have to attend the hearing this is your opportunity to put forward your case.

There is a set procedure and an expected etiquette at Licensing Sub-Committee hearings, not unlike a court of law. Anyone behaving in a disrespectful or uncourteous manner will be told to leave.

As a result of the hearing, the Sub-Committee must decide how to proceed in order to promote the licensing objectives. It may:

• Grant the application.

• Modify the conditions of the licence, altering or omitting or adding to them.

• Reject the whole or part of the application.

A decision will usually be given at the end of the hearing, however a decision can be made within 5 working days. It is always confirmed in writing.

Yes, an appeal against the decision may be made to the Local Magistrates’ Court. Appeals have to be made within 21 days from the day the appellant is notified of the licensing authority decision about the application. Appellants may want to check the exact “cut-off” date with the licensing authority. Full details on the appeal process will be provided in the decision notice sent following the Licensing Sub-Committee.