Making a representation guidance

What a representation is

A representation is a written comment (supporting or objecting) about a licensing application. It allows local residents, businesses, and responsible authorities to have their say on how a licence may affect the community. You can make a representation about:

• a new premises licence
• a variation to an existing licence
• a review of a licence (if one has been applied for)

You cannot submit a representation to initiate a review. However, you can apply to review a premises licence if you believe the licensing objectives are being undermined.

What it must be about

Your representation must:

• Be based on the details of the application and its operating schedule (e.g. proposed hours, licensable activities, conditions offered)
• Relate to one or more of the four licensing objectives:
• Preventing crime and disorder
• Ensuring public safety
• Preventing public nuisance
• Protecting children from harm
• Clearly explain how the likely effect of granting the application would undermine one or more of these objectives
• It should be based on evidence or your own experience but needs to be more than just your fears or based on speculation.

How to make a representation

Write your comments clearly, explaining how the application is likely to undermine the licensing objectives.

Include your name and address.

Send it within the consultation period, you can check application deadlines on the Cheshire East website. Comments received outside the consultation period will not be taken into consideration.

Send to:

• Licensing@cheshireeast.gov.uk
• Post: Licensing, Delamere House, Delamere Street, Crewe, CW1 2LL

What will be rejected

Your representation will be invalid if:

• It is submitted late
• It doesn’t relate to the licensing objectives
• It doesn’t explain the likely effect of the application on those objectives
• It is not based on the application and its operating schedule
• It is about competition, moral views, or planning issues that do not engage the licensing objectives
• It is considered frivolous or vexatious
• If there are proposed conditions that will mitigate the concerns raised

Will my details be shared

Yes, usually your name and address will be shared with the applicant. If you have a very good reason (e.g. fear of intimidation), contact the Licensing Team to request confidentiality.

Petitions

Petitions are accepted, but:

• Each page must explain what the petition is about
• Full names and addresses must be included
• One person should act as the contact and speak on behalf of the group
• Petitions carry no more weight than a representation

What will happen next

If your representation is valid, the applicant may offer changes to address your concerns, and you have the option to withdraw your representation.

If it is not resolved, the application goes to a Licensing sub committee hearing. You’ll be invited to attend and speak, or send a representative.

Hearings

You’ll receive a formal notice with the date and time. You can request to speak at the hearing or be represented by another person. You can’t raise new issues not mentioned in your written representation.

The decision will be made based on all evidence and the licensing objectives.

Members of the Public and other Councillors must not contact a Member of the Hearing before the date of the Hearing and there should be no lobbying of any decision-maker or any suggestion that you have tried to influence the decision outside of the formal Hearing.

Appeals

If the application is determined at a Licensing Sub-Committee hearing, and you are dissatisfied with the outcome, you have the right to appeal the decision.
Appeals must be made to the Magistrates’ Court within 21 days of receiving the written decision.

The key documents upon which Local Authorities rely, in their role as the Licensing Authority, is the Guidance issued under section 182 of the Licensing Act 2003 published by the Home Office and the Council’s own Statement of Licensing Policy. These documents can be found at:

• Cheshire East Licensing
• Gov.uk Licensing act
  

Contact us

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