Q&As

At a Licensing Act 2003 review where the holder of the premises licence fails to make representations, does this prevent them from taking any active part in the hearing?

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Produced in partnership with David Wilson of a2z licensing
Published on LexisPSL on 05/03/2021

The following Local Government Q&A produced in partnership with David Wilson of a2z licensing provides comprehensive and up to date legal information covering:

  • At a Licensing Act 2003 review where the holder of the premises licence fails to make representations, does this prevent them from taking any active part in the hearing?

At a Licensing Act 2003 review where the holder of the premises licence fails to make representations, does this prevent them from taking any active part in the hearing?

A dichotomy exists between section 51(3)(c) of the Licensing Act 2003 (LA 2003) which requires the Secretary of State to make regulations to 'prescribe the period during which representations may be made by the holder of the premises licence, any responsible authority or any other person', and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, SI 2005/42, reg 38–39, in particular regulation 39(b) which only prescribes that notice of the application for review of a premises licence shall state 'the dates between which interested parties and responsible authorities may make representations to the relevant licensing authority'.

Had LA(PL&CPC)R 2005, SI 2005/42, reflected all the matters prescribed to be included by LA 2003, s 51(3), the crux of the question would not have been answered as there are other apparent discrepancies.

The Licensing Act 2003 (Hearings) Regulations 2005 (LA(H)R 2005), SI 2005/44, prescribe the time within which a hearing shall be held (LA(H)R 2005, SI 2005/44, reg 5 and Sch 1), to whom notice of the hearing shall be given (LA(H)R 2005, SI 2005/44, reg 6 and Sch 2), and the information that is to be provided to specified parties (LA(H)R 2005, SI 2005/44, reg 7 and

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