Make a representation
Representations can be made in opposition to, or in support of, the following types of application:
- new premises licences or club premises certificates
- full variations to existing premises licences or certificates
- minor variations to existing premises licences or certificates
- provisional statements
If someone believes that granting a licence in the terms it has been applied for is likely to have an effect (whether positive or negative) on the promotion of one or more of the licensing objectives, they can make a representation to the City of London.
Representations must be made in writing and sent to:
City of London Licensing Team
Markets and Consumer Protection
PO Box 270
Guildhall
London EC2P 2EJ
The City of London licensing authority will also accept representations that are submitted via electronic means but where this is done, the representations are given only at the time they are received by the licensing authority in an accessible and legible form.
Electronic representations can be sent to the Licensing Team.
All relevant representations must include the full name and postal address of the person(s) making the representation.
You may also wish to read City of London's Statement of Licensing Policy as this document outlines the issues the licensing authority will consider in respect of applications that have received relevant representations.
The following people can make representation to the licensing authority:
- Any individual, body, or business that has grounds to do so
- Any responsible authority including the police, fire authority, primary care trust, health and safety authority, planning authority, environmental health authority or the licensing authority itself
Applications must be advertised by way of a public notice on the premises, an advert in a local newspaper and a notice on the licensing authority's website as follows:
New premises licence or club premises certificate, full variation to premises licence or club premises certificate, provisional statement
- display of notice at the premises by the applicant for a period of 28 days starting the day after the application has been served on the licensing authority
- publishing of a newspaper advert by the applicant within 10 working days of the application being served on the licensing authority
- publishing of a notice by the licensing authority on its website for a period of 28 days starting the day after the application has been served on the licensing authority
Minor variations - display of notice at the premises by the applicant for a period of 10 working days starting the day after the application is served on the licensing authority
Reviews - display of notice at the premises by the licensing authority for a period of 28 days starting the day after the application has been served on the licensing authority
A record of all applications received by the City of London licensing authority can also be viewed on the authority's public register.
- A representation is 'relevant' if it relates to the likely effect of granting or varying the licence on the promotion of at least one of the four licensing objectives. It recommended therefore, to explicitly link any representation to one or more of the objectives.
- There is no requirement for any person making a representation to produce a recorded history of problems at a premises to support their representations, and in fact, this would not be possible for new premises. However, it will assist their case if the representations are specific to the premises and evidence based.
- A representation must not be frivolous or vexatious. A representation may be considered frivolous if it lacks any seriousness. A representation may be considered vexatious if it is intended to cause aggravation or annoyance, for example, when it is made by a person or business that is known to have a history of disputes with applicant.
- All representations must be submitted to the licensing authority within the statutory time limits. A 'last date for representation' is indicated in all public notices relating to an application. Any representations received after the last date for making representation will not be considered.
The licensing authority is required to provide an applicant with copies of all relevant representations that have been made in respect of their application. Names or addresses of persons making representations will only be withheld from an applicant in exceptional circumstances, for example, fears of intimidation or violence.
- It may be helpful to get the backing of other people living, or businesses operating near the premises who may also be affected by the granting of the licence, or one of the responsible authorities such as the police or environmental health.
- Consider how you would like the issues you have raised in your representation to be addressed. For example, could they be addressed by the imposition of a condition, the reduction of hours sought for the activity or a removal of the activity altogether.
The City of London Corporation has produced a list of model conditions (see below), that may assist you in your consideration.
If no relevant representations are made to an application (other than a minor variation application), the licence or variation must be granted, subject to the mandatory conditions and any conditions that the licensing authority considers consistent with the operating schedule.
Licensing authorities must grant an unopposed minor variation application unless there could be an adverse effect on the licensing objectives, in which case the minor variation can be refused.
- The licensing authority is required to provide an applicant with copies of all relevant representations that have been received in respect of their application.
- For applications other than minor variations, the licensing authority must hold a hearing to consider representations, unless the representations are not relevant, or all parties can come to an agreement beforehand and agree that a hearing is unnecessary.
- For minor variations, licensing authorities must take representations into account, but there will be no hearing. The authority must make a decision within 15 working days after the application is made.
- If there is to be a hearing on an application to which you have submitted representations, the licensing authority will write to you to inform you of the date and time and will explain the format. The hearing must be held in public within 20 working days of the last date for representation. View the City of London's procedure for public hearings below.
- Responsible authorities and any other persons who have made representation are allowed to withdraw their representations by either giving notice in writing to the licensing authority no later than 24 hours before the day of the hearing, or orally at the hearing.
- Decisions of the licensing authority will be sent to any person or responsible authority who has made a relevant representation to an application. That person can appeal the decision of the licensing authority after a public hearing if they are not satisfied with the decision. An appeal may relate to the grant of a licence or variation, a decision to include an activity or person as premises supervisor or a decision to attach conditions to a licence. Appeals are made to the City of London Magistrates Court, 1 Queen Victoria Street, London EC4N 4XY, within 21 days of receiving notification of the decision.
- In the case of a minor variation, the decision of the licensing officer is final.