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Information for Residents
The Licensing Act 2003 allows the views of local people and businesses to be taken into account.
This can be done either:
- When an application is being made for a premises licence
- When an application is being made to vary a premises licence
- When a licence has been issued and problems are occurring that undermine the licensing objectives
- How do I make a representation to the granting of a premises licence / to the variation of a premises licence?
- How do I object to a licence once it has been issued? – applying for the review of a premises licence.
Who has a say?
To have your say, you must be what is known under the Act as an “Interested Party”. This means you must be either:
- A person living within the vicinity of the premises
- A body (for example, a residents association) representing people that live in the vicinity of the premises
- A person involved in a business in the vicinity of the premises
- A body (for example, a trade association) representing people involved in businesses in the vicinity of the premises
Who decides what is in the vicinity of the premises?
Whether somebody lives or works “in the vicinity” of a premises is a matter that will be decided by the Licensing Authority or the Licensing Board if the matter goes to a hearing.
In deciding this, it is considered whether that party is likely to be affected by the granting of the licence for the premises. Each case is considered on its own merits.
How do I make a representation to the granting of a premises licence / to the variation of a premises licence?
To make a representation to an application, you must write to the Licensing General Section explaining exactly why you are objecting. We will also accept representations by email to general.licensing@sheffield.gov.uk but you must include your home/premises address so it is possible to see whether you live/operate a business in the vicinity of the premises and so we can send you correspondence about any meetings that may be held.
Your representation must be relevant to one or more of the licensing objectives and therefore it is important you link any representation specifically to these objectives. If it is not relevant to one or more of the objectives, unfortunately your objection will not be considered as valid and will be rejected.
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance
- The protection of children from harm
It is also helpful if your representation is evidence based. It is advisable therefore to make detailed notes of any incidents at the premises and speak with the relevant authority responsible for that – for example if a premises is causing noise disturbance, it is advisable to speak with South Yorkshire Police and the Environmental Protection Service (contact details can be found in the Responsible Authority document which you can download at the bottom of the page).
Can I make an anonymous representation?
It is not possible to make representations anonymously.
This is because the Licensing Authority need to be certain that the person lives within the vicinity of the premises and that it is a serious objection.
If you are concerned about making a representation, you could consider asking the police or another appropriate responsible authority to make a representation on your behalf.
How do I object to a licence once it has been issued? - applying for a review of a premises licence
An interested party may apply for a review of a licence that is in force.
This is a more formal process to making a representation. You must submit a detailed application about the problems you are experiencing at the premises and copies of the application must be served on the premises licence holder and the responsible authorities.
The review must be relevant to one or more of the licensing objectives and it will be rejected if it is not.
You are unable to apply for a review anonymously.
Before applying for review, you may want to consider whether your concerns could be dealt with outside the formal review process. This could involve:
- Talking to the licensee or certificate holder to determine whether there are any steps they may be willing to take to rectify the situation. Sometimes licensees are unaware of the problems they are causing until they are raised and are usually happy to help
- Asking the licensing department to talk to the licensee on your behalf (contact us)
- Asking your local MP or Councillor to speak to the licensee on your behalf
- Talking to the relevant “responsible authority” (for example, environmental protection in relation to noise nuisance, or to the police in relation to crime and disorder) to determine whether there is other legislation that could help resolve the issue
You can see more guidance details on the Department for Culture, Media and Sport website. This gives you information of how to fill the application in and how to submit it. If you are unable to download this information, please contact us and we can send you a copy and/or give you further information.
How do I know that an application has been made?
When someone is applying for a new licence, varying an existing licence or if someone has applied to review a premises licence, it must be advertised by
Placing a notice at or on the premises
- On A4 or larger, pale blue paper
- Printed legibly in black ink or typed in a font size of at least 16
- Placed prominently at or on the premises where it can be conveniently read from the exterior of the premises
- Placed every 50 metres on the external perimeter of the premises abutting any highway (where applicable)
Placing a notice in a newspaper
- Newspaper circulation must be in the vicinity of the premises
- Advertisement will be at least once in the 10 days following the application being submitted to the licensing authority
You can view full details of any applications made by attending our Licensing General Service reception – it would help us if you could notify us in advance of attending the reception so we can have the relevant information ready for you. Please contact us.
Downloads
Details of Responsible Authorities for Sheffield under the Licensing Act 2003 (33 KB)
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