Entertainment & alcohol licensing

News: Police Powers of Review of the Premise Licence

  • Date: 18/09/2007
  • Author/Solicitor: Nick Walton

The Licensing Act 2003 has given the legislators a platform for additional measures which may be applied as the Act "beds in". New parts of the Act come into force on October 1st 2007 and deal specifically with police powers of summary review of a Premise Licence. in serious cases of crime and/or disorder.

A senior member of the police (superintendent or above) may apply for a review of a premise licence in an area if the premise licence authorises the sale by retail of alcohol and the police officer provides a certificate stating that he is of the opinion that the premises are associated with crime and/or disorder.

The Licensing Authority is then required within 48 hours to give notice of the review accompanied by the application and the certificate to the Premise Licence holder and the Responsible Authorities.

There is a further sting potentially over and above the review hearing. The Licensing Authority can consider whether to take interim steps pending the determination of the review. The consideration of the Licensing Authority can take place without the licence holder being given the opportunity to make any representations on its behalf.

The interim steps the licensing authority must considered taking include:

  • 1. Modification of the current conditions of the premise licence
  • 2. Exclusion of the sale of alcohol from the current permissions of the premise licence
  • 3. Removal of the DPS from the licence
  • 4. Suspension of the licence.

Unlike the review process any decision to take interim steps by the Licensing Authority has immediate effect upon notification to the holder of the premise licence or at such time as the Authority directs. Potentially the licence holder could have his authority to sell alcohol suspended pending a hearing.

The premise licence holder can make representations against the interim steps taken by the Authority in which case the Authority must hold a hearing within 48 hours of the receipt of the representations. However the requirements continue to be in place and will remain so until after the decision of the hearing. The hearing may decide the interim steps are necessary or may modify or withdraw them.

If the application for review of the licence follows a closure order, (a review is mandatory by the Licensing Authority following a closure order) the notice of review is required to be displayed for seven consecutive days following the receipt of the application by the Licensing Authority. In all other cases the notice will be required to be displayed for twenty eight days..

Closure orders are onerous on the operator hence the reason for a shorter notice display. The review hearing following a closure order must be held within 10 working days beginning on the day after the day when the Licensing Authority receives the notice.

In all other cases the hearing must be heard within 20 working days beginning on the day after the last date during which representation could be made. Imagine an interim steps order being effective through the 28 day representation period and then potentially for a further 20 working days until the review hearing takes place, the effect on your business could be considerable.

What then is classified as serious crime: The offence is one for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more. Drug related offences spring to mind but there are many others.

Serious disorder is more probably cumulative, if certain nights are fight nights and the premises resembles a brawl scene on regular occasions then classification of serious disorder is relatively straight forward.

The certificate may be issued following the "opinion" of the police officer and opinions will differ as you know. Do not put your premise licence at risk for the want of a differing opinion.

For more information, please contact Nick Walton