Application Process
Application for a Premises Licence must be on the prescribed form and must be accompanied by:
- (a) the Operators Licence issued by the Gambling Commission in relation to the premises and activities specified;
- (b) a plan of the premises;
- (c) the appropriate fee.
Adverts
In the case of new applications and applications to vary a premises licence a notice must be displayed on the premises for a period of 28 continuous days starting the day after the application is received by the licensing authority. The application must also be advertised in a local newspaper.
Representations
A responsible authority or interested party may make representations as to the granting of a Premises Licence at any time within 28 days of the application being received by the Licensing Authority.
Representations must:-
- be in writing, and
- contain the name and address of the person making the representation.
Representations without the name and address of the author will not be considered as it is not able to confirm if the author is in fact an interested party.
Where representations are made the matter may properly be resolved by:
- negotiations between the applicant and the interested party or responsible authority aimed at achieving a modification of the application or agreed conditions;
- the holding of a hearing where a panel of three members of the Licensing Committee hear the representations of all parties.
Where a representation, though properly made, is not likely to effect the outcome of any hearing the Licensing Manager may decide not to progress to a hearing.
Hearings
Hearings are held under the same regulations as those under the Licensing Act 2003. The applicant, any interested party, and any responsible authority who has made a representation will be given the opportunity to put their views to the Licensing Sub_Committee.
The Sub-Committee may then:
- (a) grant the Licence as applied for;
- (b) grant the Licence with conditions or with modifications;
- (c) refuse to grant the Licence.
Applicants and persons who make representations may appeal decisions of Licensing Authorities to the Magistrates Court. The Gambling Commission may also appeal.
The Magistrates Court may:
- dismiss the appeal;
- substitute a new decision that could have been made by the Licensing Authority;
- permit the case back to the Licensing Authority;
- make an Order on costs.
Where a case is remitted there is a further right of appeal on the same terms.
Where a party to an appeal believes there has been an error in law at the Magistrates Court a further rights of appeal to the High Court exists.
Contact the Licensing Section
Telephone: 01304 872295
E-mail: licensing@dover.gov.uk