The Licensing Act provides a mechanism for responsible authorities, businesses and residents to call for a review to be undertaken if a licence has been granted and problems subsequently occur.

The reason for the application must fall under one or more of the licensing objectives, which are:

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

Anything that does not fall under one of these headings will not be considered by the Hearing, no matter how problematic.

To apply, there is a specific form that has to be completed and then served on a number of parties. It is vitally important that this is done correctly, otherwise the Review will fail and there may not be another opportunity to apply again for some considerable time.

Once the application is submitted, there is a process that the Authority will go through, culminating in a hearing.

At a Review Hearing, the Licensing Authority have the power to add conditions to licences, exclude licensable activities, suspend the licence or revoke it completely. There are other powers as well, including the ability to remove the "Designated Premises Supervisor".

The police now have extended powers to call for a 'fast-track' review which can take place within 48 hours rather than the usual 6-8 weeks. There are only restricted circumstances where this can occur, but in these cases it is possible for the Licensing Authority to act without the Licensee being present at the hearing.

Where premises fail to comply with licence conditions or an offence under the Licensing Act is committed, various agencies have the power to issue fixed penalty notices or take a prosecution. Most Licensing Authorities have developed enforcement protocols to explain which agency will lead on particular matters or in various circumstances.

We are willing to advise and act for Responsible Authorities or Licensing Authorities in all forms of enforcement action or the development of enforcement protocols.