Applicants are strongly urged to complete online applications as the default position. Post is not being opened as frequently, therefore applications posted to us may not be received in time or considered promptly. Should you be making a representation to an application please email this to us. The licensing team can be contacted at licensing@spelthorne.gov.uk or 01784 444213 option 3.
Making representations - Objecting to an application
Anyone can object to (or support) an application for a premises licence, club certificate or major variation of the terms and conditions. This is called making a representation.
Representations must be in writing, within the consultation time (28 days). Representations must be based on the licensing objectives.
The licensing objectives and examples of the types of issues they might include are:
Prevention of crime and disorder
- criminal behaviour/antisocial behaviour on, or directly attributable to the premises
Public safety
- overcrowding, fire safety, emergency exits and anything related to the safety of the public within the premises
Prevention of public nuisance
- noise coming from premises because of doors or windows being left open
- noise and vibration form live/recorded music
- disturbance caused by customers leaving the premises
- light pollution
- litter/rubbish emanating outside the premises
Protection of children from harm
- this refers to the moral, psychological and physical safety of children when they are on the premises
It is important that your representation clearly indicates which of the licensing objectives it relates to (it can be more than one) and specifically you must detail the likely effect of granting the application on the promotion of the licensing objectives. If your representation does not do this or is otherwise too general or lacking in sufficient detail, then it will be rejected as invalid.
There is no requirement for you to produce a recorded history of problems at the premises to support your representation. We recognise that this would not be possible for new premises. However, case law established through the Licensing Act advises that speculation and unsubstantiated claims cannot be considered.
The representation must explain the basis, or grounds, for the concern raised and certain parts of our Licensing Policy and Government Guidance issued under Section 182 of the Act may assist in assuring that your representation is as effective as possible.
An area may have some localised social issues that cause valid concerns for residents. In these cases, there is often existing legislation in force and other enforcement mechanisms available for dealing with them.
For this reason, the Licensing Act makes clear that certain considerations may not form the basis of relevant representations in relation to licensing applications.
Representations based on these concerns cannot be considered:
- limited parking provisions or other highways impacts
- demand and how many other similar businesses are in the area
- the possible effect the grant of an application may have on property value
moral or ethical views of the sale or consumption of alcohol.Please be aware that:
- representations cannot be made anonymously
- all representations submitted, and not withdrawn, will form part of the Licensing Sub-committee report, which is a public document
- representations must be received by us within 28 days from the day after we receive a valid application
A representation can be submitted by email, by post or in person.
Make a representation by post
There is no form that you must complete, however for ease there is a representation form at the end of this page which you can complete and send to:
Licensing Team
Spelthorne Borough Council
Council Offices
Knowle Green
Staines-upon-Thames
TW18 1XB
Email: licensing@spelthorne.gov.uk
Review of a premises licence or club certificate
Important: please read the following notes before downloading the application form below.
The ability to review an existing licence is an important part of the Licensing Act so that any licensed premises operating in a manner that does not promote the licensing objectives, for example, noise from live music constantly escaping from premises late at night and causing disturbance to local residents - not promoting the 'prevention of public nuisance' objective - can be brought to the attention of the Licensing Authority.
The parties able to call a review are ‘responsible authorities', (such as the Police, Fire Authority, Noise and Nuisance Team etc), and persons who live or are involved in a business in the licensing authority's area and who are affected by the operation of the premises ("other persons").
However, any application to have a premises licence reviewed must clearly show how the operation of the individual premises has not promoted, or has worked against, one or more of the Licensing Objectives. Further details on the objectives appear in the Making representations section on this page.
You may apply for the review of an existing licence using this form
Application for the review of a premises licence or club premises certificate (doc, 112.5 KB)
if there is evidence that the premises are causing concern.
Once an application for a premises licence to be reviewed has been made, the Licensing Authority must advertise the application by placing a notice, of size A4 or larger, on, at or near the premises subject to the application.
A notice will also be displayed in the Council Offices, Knowle Green and details placed on the Council's website.
Responsible authorities and "other persons" as described above may also make representations relating to the premises subject of a review within 28 consecutive days of the original application being made.
The review application will trigger a hearing before a Licensing Sub Committee unless all parties involved reach an agreement about the future operation of the premises and the Licensing Authority agrees to waive the need for a hearing.
Any person or body making the initial application for the review of a premises licence must serve notice of the application on the Licensing Authority, the holder of the premises licence and each of the Responsible Authorities. Contact details for the Licensing Authority and the Responsible Authorities can be found at the end of the page.