Q&As

Can a premises licence variation review be withdrawn while in progress by the applicant?

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Produced in partnership with David Wilson of a2z licensing
Published on LexisPSL on 23/11/2018

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

  • Can a premises licence variation review be withdrawn while in progress by the applicant?

Can a premises licence variation review be withdrawn while in progress by the applicant?

Since the very first time an application for review was resolved by agreement between the parties before a hearing was held by the licensing authority, this question has been raised time and again.

An application for review of a premises licence may be made by a responsible authority or any other person to the relevant licensing authority, pursuant to the Licensing Act 2003 (LA 2003) and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 (TLA 2003 (PLCPC) Regs 2005), SI 2005/42.

LA 2003, s 52 provides:

‘(1) This section applies where—

(a) the relevant licensing authority receives an application made in accordance with section 51,

(b) the applicant has complied with any requirement imposed on him under subsection (3)(a) or (d) of that section, and

(c) the authority has complied with any requirement imposed on it under subsection (3)(b) or (d) of that section.

(1) Before determining the application, the authority must hold a hearing to consider it and any relevant representation.

(2) The authority must, having regard to the application and any other relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers appropriate for the promotion of the licensing objectives.

…’

Part 3—Premises licences: Paterson's Licensing Acts [1.3511], footnote 1, identifies and addresses three situations in respect of which the question,

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