Licensing Act - advice on making representations
The Licensing Act 2003 (the Act) enables thorough scrutiny of applications both by experts and by local residents and businesses.
Responsible authorities, including the police, fire authority, trading standards, health and safety and environmental health are notified of every application for a new premises licence, or variation of existing licences, and have the opportunity to make representations to the Council about the effect of the application on the promotion of the four licensing objectives.
Any person can make relevant representations about any application for a new licence or variations to a licence.
This includes the right to raise objections and gives the local community a greater say than ever before in licensing decisions.
Be advised that any representation, along with your details will normally be released to the applicant and/or their agents as part of the process, unless you indicate that there are exceptional circumstances where you believe that your details should not be released.
Contact the licensing team directly where you believe this to be the case.
For a representation to be relevant it must be one that is about the likely effect of the application on the promotion of the licensing objectives, or if a review, the impact of the premises licence on the objectives.
Any representation will not be relevant if the Council considers it to be vexatious or frivolous.
Representations must be received within 28 days from the day after the date the licence was applied for, as specified in the newspaper and site notice advertisements placed by the licence applicant (or in the case of a review of an existing licence, the notices placed by the council).
In the case of Minor Variations to existing licences that will not impact adversely on the Licensing Objectives, representations must be received within ten working days from the day after the council received the application. For more details go to our Minor Variations section in related pages.
Representations received after that time cannot be considered.
Please see the Guidance on making a representation (PDF, 190KB) for further information.
In the case of a review of a premises licence following a closure order by a magistrates court, an interested party or a responsible authority has a period of seven days from when the licensing authority receives the order, in which to make representations about the review
When a licence application is made
Applicants are obliged to advertise new premises applications and major variations of existing licences by:
- displaying a site notice outside the premises for 28 days from the day after the application is given to the council
- placing a public notice once in a local newspaper during 10 days from the day after the application is given to the council
For minor variations, there is no newspaper notice, and a site notice is displayed outside the premises for ten working days from the day after the application is given to the council.
You can also view copies of all application forms at our offices. Please telephone in advance to make an appointment.
Reviews of relevant permissions
A formal review of an existing licence or certificate can be made in writing at any time where a premises is undermining one or more of the licensing objectives.
The council will advertise the review application for 28 days by displaying notice at, on or near the site of the licensed premises where it can be conveniently read outside. It will also be advertised at council offices and on this website.
Representations can be made about the review in the same way as those about licence applications.
Email Licensing0300 123 5015
Cheshire East Council
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Page last reviewed: 25 October 2021
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