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Alcohol, Entertainment and Gambling Licences

Licensing Act 2003 - Licensing Laws

The London Borough of Newham is responsible for the licensing of regulated activities under the Licensing Act 2003.
The activities that need to be licensed are:
  • The sale by retail of alcohol
  • The supply of alcohol by or on behalf of a club to, or to the order of a member of the club
  • The provision of late night refreshment (the supply of hot food or drink from a premises between 11pm and 5am)
  • The provision of regulated entertainment
Regulated entertainment requires a licence when it is performed in front of an audience and includes the following:

  • Performance of a play
  • Exhibition of a film
  • Indoor sporting event
  • Boxing or wrestling entertainment (indoors and outdoors)
  • Performance of live music (not incidental music ie. Background music in a supermarket)
  • Playing of recorded music
  • Performance of dance
  • Provisions of facilities for dancing
  • Provision of facilities for making music

The purpose of the licensing law is to promote the four 'licensing objectives':

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

Current licence holders may apply to vary their licences (eg to extend the opening hours, remove restrictions or add new licensable activities).

Local residents and local businesses can raise representations (objections) about applications

People who live in the vicinity of premises and local businesses in the vicinity have a right to make representation about an application for a new premises licence or club premises certificate or if an application is made to vary the licence or certificate. The objection must relate to one of the four 'licensing objectives'.

How will I know that an application has been made?

There will be a pale blue notice displayed prominently on the exterior of the premises and a notice will be published in one edition of a local newspaper.
The details will also be available at the Licensing Team Office during normal office hours (10am - 4pm, Monday to Friday).

What do I need to do if I wish to make representation?

You must write to:

Licensing Authority
London Borough of Newham
Licensing Team
2-12 West Ham Lane
Stratford
London
E15 4SF.

You should state:

  • Your name and address (inc signature and date)
  • The name and address of the premises about which you are making representation
  • The licensing objective(s) that you think will not be met if the application is granted and the problems you believe will be caused if the licence were granted
  • The reason(s) for your view and any evidence in support
  • Your daytime telephone number (if possible) so that Council Officers can discuss the matter with you if necessary
  • The date by which your representation must be received will be given in the notices. If your representation is received after this date it cannot be considered. You should be aware that the applicant will normally be given a copy of all representations received. The Licensing Act 2003 encourages discussion between applicants and objectors to try to resolve issues of concern
  • If you wish to submit a petition we recommend that you contact the Licensing Team regarding the format

Who else is consulted about the application?

The application is automatically sent to the seven Responsible Authorities:

  • Metropolitan Police
  • London Fire Brigade
  • Crime & Anti Social Behaviour-Initial Response Team (Noise)
  • Environmental Health - Health & Safety Team
  • Development Control Unit
  • Trading Standards & Consumer Protection Unit
  • Childrens Services

What happens if I make a representation?

The Licensing Authority will check that your representation can be accepted under the Licensing Act 2003. If it cannot, you will be notified of the reason why.

If it is not possible to resolve the matter between the applicant and those raising relevant representations, the Licensing Authority will call a hearing of the Licensing Sub-Committee to determine the application. Notice of the hearing will be given and those raising relevant representations will be invited to attend and address the Sub-Committee.

Those attending may be asked questions. The Councillors on the Sub-Committee will weigh up the information presented to them at the hearing and will make a decision as to whether the application should be granted and, if so, whether any additional conditions need to be attached to the licence.

Can I complain if I am unhappy about a decision to grant an application?

Yes, if you made a relevant representation you could appeal in writing to Stratford Magistrates' Court, The Court House, 389-397 High Street, Stratford, London, E15 4SB about the Licensing Authority's decision. However, you should note that, unlike the hearing at the Council, the Magistrates are able to award costs against the unsuccessful party. The applicant can also appeal to the Magistrates' Court if the application is refused or additional conditions are attached. If this happens and you made representation against the application, you may also need to attend the new hearing at the Magistrates' Court.


What happens if there is a problem at licensed premises?

Any problems relating to crime and disorder should be reported to the Police and complaints about noise can be directed to the Initial Response Team on (daytime) 020 8430 3810 (evening 020 8472 9624). Other complaints regarding licensed premises or premises you believe require a licence should be made to the Licensing Team.

For more serious or persistent problems that are experienced as a result of the activities of licensed premises the responsible authorities or local residents or other interested party can trigger the review of the licence. Provided the request to review the licence falls within the four licensing objectives. The Council's Licensing Sub-Committee would then consider whether the licence should be amended or have extra conditions added or whether it should be temporarily suspended. Where the Sub-Committee considers that no other options are appropriate, the licence can even be revoked.

Anyone who asks for a review would be expected to produce evidence to support their case. Again, the outcome of a review is subject to appeal at the Magistrates Court.

Where can I get more information about the Licensing Act 2003?

You can contact our Licensing Team on 020 8430 6509

The department for culture, media and sport website has further information, including links to the legislation and regulations, their newsletter 'Licensing Countdown' and a section with frequently asked questions.

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