Review, revocation, variation and transfer of premises licences
Produced in partnership with David Lucas of Fraser Brown Solicitors
Review, revocation, variation and transfer of premises licences

The following Local Government guidance note Produced in partnership with David Lucas of Fraser Brown Solicitors provides comprehensive and up to date legal information covering:

  • Review, revocation, variation and transfer of premises licences
  • Review of a premises licence
  • Licensing authority review
  • Determination of review
  • Revocation for non-payment of annual fee
  • Lapse of a premises licence
  • Variation of a premises licence
  • Transfer of a premises licence
  • Decision making
  • Appeal

Review of a premises licence

A licence can be reviewed at any time following an application made by a responsible authority or interested party.Gambling Act 2005, s 197(1)

An application must be made on the prescribed form but no fee is payable.The Gambling Act 2005 (Premises Licences) (Review) Regulations 2007, SI 2007/2258, reg 3

The principal grounds for a review are that the premises have not been operated:

  1. in accordance with a relevant Code of Practice issued by the Gambling Commission

  2. in accordance with guidance issued by the Gambling Commission

  3. in a way which is reasonably consistent with the licensing objectives (subject to the points above))

  4. in accordance with the licensing policy statement published by the authority (subject to all three points above)

On receipt of a review application the licensing authority must consider whether to reject the application, in whole or in part, on one or more of the following grounds:GA 2005, ss 198(1), 198(2)

  1. the application does not raise a relevant issue

  2. the representation is frivolous or vexatious

  3. the application will not cause the licensing authority to take any action

  4. the application raises the same grounds as a previous review application—the authority should consider the length of time that has elapsed before rejecting an application on this ground

If the licensing authority accepts some or all of the application they must grant it in whole or part and proceed to a review.GA 2005, s 198(3)

The applicant for the review must give notice in a prescribed form to the responsible authorities specifying the representation period of 28 days. Notice must be served within seven days from the date