Objecting to an application

Making objections to licence applications

Premises licences are granted to premises to authorise one or more licensable activities. The licensable activities are as follows:

  • Sale or supply of alcohol.
  • Provision of 'regulated entertainment' (which includes live and recorded music, dancing, indoor sporting events, the performance of plays, and the exhibition of films).
  • Provision of late-night refreshments (hot food and hot drink) between 11pm and 5am.

Once a premises licence has been issued applications can be made to 'vary' the licence to amend existing licensable activities or add new ones. These applications to vary follow a similar application process to the applications for new, first-time licences.

We are also able to grant club premises certificates to registered members' only clubs to allow club activities such as the supply of alcohol to club members and the provision of regulated entertainment. Like premises licences, club premises certificates can also be varied.

Applications can also be made for provisional statements. While not a licence as such, these statements are issued for premises that have not yet been built or premises which are about to be altered so they can provide licensable activities. The process to apply for a provisional statement is similar to that for a new premises licence.

How will I know about these licence applications?

All of the applications mentioned above will be advertised. A blue notice will be placed at or on the premises for a period of 28 days starting with the day after the application was given to the council. A newspaper advert will also appear in a local newspaper within 10 working days of the application being given to the council. Public notices of premises licence applications are published on our website at www.ambervalley.gov.uk/council/public-notices.

On what grounds can I make a representation?

Objections must be based on one or more of the following licensing objectives:

  • Prevention of crime and disorder.
  • Public safety.
  • Prevention of public nuisance.
  • Protection of children from harm.

If having seen the notices mentioned above you are concerned that the grant of the licence would impact one or more of these objectives you should consider making a representation.

How do I make a representation?

If you wish to object to an application for a licence, you must put your objection in writing and send it to us within 28 days of the application being served. You must include the following information:

  • Your name and signature.
  • The date you wrote the letter.
  • The application that you are opposed to.
  • The reasons why you are opposed to the application.

If an objection is being made on behalf of a group (e.g. a parish council or residents' association), then proof of the group's decision to make the objection must be sent to us along with the objection letter. This could be a document such as the minutes of a meeting.

If a petition is submitted the organiser must:

  • Provide their own contact details.
  • State clearly the application that is being opposed and the reason for opposition on each page of the petition.
  • Ensure all names and addresses are clearly legible and preferably written in black ink.
  • Show the date the signatures are collected on each page.

Please note that we cannot accept a representation that is frivolous, vexatious or repetitious.

Frivolous or vexatious will bear their ordinary meaning. Frivolous means silly or trivial; vexatious means done to cause annoyance or distress. The licensing authority must form a view as to whether a reasonable person would consider the comments and objections to be frivolous or vexatious. A representation will be considered repetitious if it is identical or substantially similar to one already considered by the local authority in an earlier application.

Please download and complete the Amber Valley Borough Council Licensing Act 2003 representation form below and return it to the licensing authority as per the instructions provided on the form.

What happens after I have made a representation?

We will first carry out some checks to make sure your representation meets all the requirements of the legislation. Assuming we can accept it we will then arrange a licensing committee hearing.

You will be invited to attend the hearing to repeat your representation although you do not have to attend. You will be sent a 'notice of hearing' document before the hearing which explains in detail what will happen at the hearing. A report giving details of the application and all valid objections will also be sent to you and the applicant prior to the hearing.

Need further help or information?

Contact the team directly on 01773 570222 or email licensing@ambervalley.gov.uk