Representations (objections) must relate to the likely effects of granting the licence on one or more of the following four licensing objectives:
- the prevention of crime and disorder
- the prevention of public nuisance
- the protection of children from harm
- public safety.
If a representation or request does not relate to one of these objectives it will be deemed invalid. Representations must, therefore, link to one or more of the objectives.
Representations and requests must not be 'vexatious' or 'frivolous', or the licensing authority will not consider them. This means anything that is trivial, isn't serious or is just meant to be annoying. For example, we might find that representation was vexatious if it was lodged because of a dispute between rival businesses or it might be a frivolous representation if it plainly lacked seriousness.
Relevant representations could be of a personal nature, and should reflect how such an application could, or would affect you and your family's normal life.
An example concerning the public nuisance objective could be the possibility of regulated entertainment disturbing sleep, especially those of young children, or family members who work shifts or reflect the simple intrusion into family life.
Supporting evidence
It will help if your objections are specific to the premises and you have evidence to support this. You may wish to document problems by keeping a diary with dates and times of specific problems, or by taking photographs of any incidents.
If the matter goes to a hearing the councillors at the hearing will need to be satisfied that there is an evidential link between the representations made and the effect on the licensing objectives.
Important things to consider
Any relevant representations that are received will be included in a report to the hearings panel. This report will be a public document, and will be circulated to the parties involved prior to the hearing.
Representations cannot be made anonymously.
Please remember that lodging a representation about an application is a serious matter. Any representation or request 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.