Q&A Review Proceedings

  • Date: 11 March 2016
  • Author/Solicitor: Graeme Cushion
  • Source: Reproduced from the Publican's Morning Advertiser

Q:  I own a pub which has a late night licence and which is currently operated by a tenant under a lease granted to them.   Police have issued a review application due to some serious violent incidents at the premises and may well seek  to revoke the licence.  Do I have the right as owner of the premises to be involved in the review proceedings?

A:  I am assuming that you are not the Premises Licence Holder as otherwise the review would have been issued against you and you would automatically be a party to those proceedings.  You may or may not have registered an interest in the premises but regardless of that you are certainly entitled to make a Representation as an interested party within the relevant statutory period.  You may find it difficult to satisfy the Licensing Authority that it is a “relevant Representation” bearing in mind that you may not have any involvement whatsoever in the running of the business.  Nonetheless, it is important to make a representation so that your voice may be heard if at all possible within the proceedings and indeed within any subsequent appeal.  Relevant considerations may be whether and to what extent you provide any support to the tenants in terms of training and other support which may be seen by the Licensing Authority as having a direct impact upon the licensing objectives.