Making a representation

Important Information

At present we encourage all representations to applications where possible be made online via our licensing register or by email to licensing@lbhf.gov.uk to reduce the risk that the may not be received by the authority.

Licensing Act 2003

You can make a representation supporting or objecting to a licence application. Any representation made must address one or more of the following 'licensing objectives':

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm.

What happens if your representation is accepted?

We will invite you to attend a hearing online or in person if the licence application goes to our Licensing Sub-Committee. Where a licence application is considered by the Licensing Sub-Committee a copy of your representation will be sent to members of the licensing sub-committee, and a copy including your name and your street name (but not house number) will be sent to the applicant.

Your representation without your name and address or contact details will be included with the papers for the Hearing, copies of which are available to the public. The Committee papers will also be published on our website which will also contain your representation. 

An in-person hearing shall take place in public unless the Licensing Authority considers it necessary in the public interest to exclude the public. Virtual hearings will be made available to the general public on the day of the hearing on the Council's You Tube Channel, details of which will be published on the website. Minutes of the committee hearing will be published on the internet and may include your name. Read making representations to an application (pdf 79KB).

A representation shall be classed as invalid if any of the following situations occur:

  • The representation does not contain your full name and full address. We require this information to ensure that the representation is not vexatious or frivolous. Additionally, the committee may give more weight to a representation as it indicates the proximity of the concerned party to the relevant premises  (please see above which explains what happens if your representation is accepted).
  • The representation does not explain how the application fails to promote the licensing objectives above. We would request the you explain the impact the application would have on you (if granted) in relation to one of more of the licensing objectives.
  • The representation does not specifically relate to the premises in question. Your representation must therefore clearly show how the intended operation of the individual premises will fail to promote one or more of the licensing objectives.
  • The representation does not specifically relate to the application in question, this may arise where a premises are already licenced but the application is for a variation. Your representation should therefore relate either to potential problems which may arise as a result of the variation, or must explain in what manner current problems connected with the premises may be exacerbated as a result of the variation.
  • The representation is made on behalf of an unregistered resident's group/ association and the details of all the residents who are supporting the representation; names and addresses are not provided. Representations or comments made by unregistered resident associations should be accompanied by the names, addresses and signatures of all residents who have given their consent to the representation being submitted on their behalf.
  • The representation is not received within the statutory time period. The Licensing Act 2003 stipulates that a period of is the statutory time period during which representations may be sent to the council. The Act gives us no discretion at all to accept representations made after the statutory time period has ended.

Mediation

We will opt to try and resolve matters informally without the need for a committee hearing where relevant. We would ask whether there is anything the applicant could propose in relation to a reduction in hours, removal of activities or agreement of conditions that could help the applicant promote the licensing objectives and resolve the representation brought forward.

If no representations are received

Where an application is unopposed, the council must grant the licence as applied for, subject to conditions which are consistent with the applicant's operating schedule and which are necessary to promote the licensing objectives. Applications which are opposed are referred to the council's Licensing Sub Committee for consideration.

To find out about applications which may affect you, you can:

If you are experiencing problems with a licensed premises, read reviewing a premises licence/club premises certificate (pdf 205KB).

The following additional guidance notes and information are available:

Guidance notes produced by the Department for Culture, Media and Sport and the Home Office

Gambling Act 2005

You can make a representation supporting or objecting to a gambling premises application for the following types of premises licences:

  • casino premises
  • bingo premises
  • betting premises, including tracks and premises used by betting intermediaries
  • adult gaming centre premises (for category C and D machines)
  • family entertainment centre premises (for category C and D machines) (note that, separate to this category, the licensing authority may issue family entertainment centre gaming machine permits, which authorise the use of category D machines only).

Any representation made must address one or more of following three objectives:

  • preventing gambling from being a source of crime and disorder, being associated with crime and disorder, or being used to support crime
  • ensuring that gambling is conducted in a fair and open way
  • protecting children and other vulnerable persons from being harmed or exploited by gambling.

We will decide each case individually. We will not apply a strict rule when making decisions. We will consider the examples of considerations provided in the Gambling Commission's guidance for local authorities.

To find out about applications which may affect you, you can:

Further information can be found in our Statement of Gambling Policy and the Gambling Commission's website.

Other licensing functions

The licensing team also deal with various other types of licences and registrations including sex shops, scrap metal and the use of premises for marriages and civil partnerships. For further information on these or any other types of licences please have a look at the applicants and businesses page or contact the licensing team.

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