LICENSING ACT 2003 - STATEMENT OF LICENSING POLICY 2019 – 2024
The Licensing Act 2003 requires licensing authorities to prepare and publish a statement of its licensing policy every five years.
The policy is a statement of the principles that it proposes to apply when exercising its functions under the Licensing Act 2003.
The policy must be kept under review and the licensing authority must make such revisions as it considers appropriate.
As a result of a number of legislative changes the Authority has completed a review of the Statement of Licensing Policy and the updated document was passed by Full Council in December 2019.
The current policy took effect on 1 January 2020.
View the Statement of Licensing Policy
Getting involved in the liquor licensing process
The Licensing Act 2003 allows two different bodies to object to the grant or variation of premises licences or to call for a review of such a licence:
- Responsible Authorities: these bodies are set out in the legislation and include the Police, Fire Service, Environmental Health and Trading Standards.
- Any other person: Includes an individual, body or business regardless of their physical proximity to the premises concerned.
- Any representations made must be based on at least one of the four licensing objectives namely:
- Crime and disorder
- Public Nuisance
- Public Safety
- The protection of children from harm.
The application process for a new premises licence or to vary a current licence requires the applicant to copy the application to all responsible authorities. In addition the applicant must publish it within ten days in a newspaper that circulates within the area. These notices are usually found in the public notices sections. The applicant must also place the same notice outside the premises in question for the same 28 day period. The notice must be on pale blue paper and be A4 in size.
The Licensing Authority follows a prescribed process and, as such, does not circulate details of the application to nearby residents (as happens with planning applications).
Objecting to an application
Any objections to a current application must be made in writing to the Health Protection team or by email to email@example.com. The contents of any representation will be disclosed to the applicant, the responsible authorities and any other person making a representation. They may also be discussed at a public hearing.
Once the objection period has passed and relevant representations have been made, a hearing date will be set, normally within 28 days of the end of this period. This will take place at the Corby Cube and persons who have made relevant representations will be invited to attend and speak at the hearing.
A notice about the hearing will be issued as soon as the objection period has passed, giving details of the hearing. At least 10 days prior to the hearing, papers including all relevant representations will be sent out.
If you wish to appear at the hearing or have further information which is directly linked to your objection for the Committee, you must notify the Council at least five days before the hearing. About seven days prior to the hearing you will receive the full papers for the hearing.
All hearings are held at The Corby Cube before a sub-committee of the Licensing Act 2003 Committee. The panel will consist of 3 members who will not be connected to the hearing or the area in which the application has been made. A set procedure for the hearing is set out which will be followed at all times. A copy of this procedure will also be sent out to each person who has made an objection to the application.
If numerous people object to the application then it is best practice that you ask someone to represent you as a spokesperson - this could be your local Councillor.
Temporary Events Notices
The Police and the Local Authority Environmental Health can object to a Temporary Events Notice on grounds relating to any of the four licensing objectives. Also, the notice overrides what the current licence, if one is held, covers, for instance if premises are not allowed entertainment on their current premises licence, a Temporary Event Notice would allow them to carry out this activity at the premises. The licensing authority may add existing conditions where an objection is made by either the Police or Environmental Services.
Planning and Licensing
The Licensing Act 2003 makes a clear distinction between planning and licensing and states they must be dealt with separately. It is therefore possible that later licensing hours may be granted to premises, which does not have planning permission to open for these later hours. It is also possible that two separate applications - one for planning and one for licensing - could be submitted at similar times.
The Act is clear they must be dealt with as separate issues, and therefore separate representations to the relevant departments must be made. In the case of premises which already have a licence an individual may ask for a review of the licence at any time associated with the licensing objectives detailed above.
If you have any queries about the licensing process, representations or applications, please contact the Health Protection team.