The applicant must complete the form on the right-hand-side and submit to the original document to; Licensing Section, Winchester City Council, City Offices, Colebrook Street, Winchester, SO23 9LJ. Copies must also be sent to each of the Responsible Authorities (see download list on the right-hand-side) and to the holder of the premises licence or club premises certificate.

The review application must relate to a premises and cannot be accepted if, for example, it is a general noise nuisance in an area which could be attributed to a premises.

Please note, the application is a public document which can be viewed and details of which will be on the Council's website. The application will also form part of the report to the Licensing Sub Committee. Signatures, private telephone numbers and email addresses will be removed.

On receipt of a review application, the Council must consider if it is valid or if it is considered frivolous, vexatious or repetitious. If a review application is declared frivolous, vexatious or repetitious, the application will be rejected and the applicant will be notified of the reasons for the decision. The legislation does not provide any right of appeal against such a decision, other than by way of application for Judicial Review to the High Court.

If the application is valid, the Council will display a public notice at the premises for a minimum of 28 days, during which the Responsible Authorities or any other person can make representations. A notice will also be displayed on the Council's website.

After the 28 day period has expired, copies of any representations will be sent to the applicant and licence holder and a Licensing Sub-Committee will determine the application for review and the representations made. Hearings will take place in public, although the Sub-Committee may, in certain cases, decide that it is in the public interest to hold hearings in private.

Details of all valid representations (including names and addresses) will be included in the Sub-Committee report. These reports are public documents and will be published on the Council's website.

A Notice of Hearing will be sent to all parties in compliance with The Licensing Act 2003 (Hearings) Regulations 2005. Any party may be assisted or represented by any person at the hearing regardless of whether that person is legally qualified.

The Licensing Sub Committee must consider what action, if any, to take. The options for the Sub-Committee to consider are:-

• to take no further action;
• to modify the conditions of the licence;
• to exclude a licensable activity from the scope of the licence;
• to remove the designated premises supervisor;
• to suspend the licence for a period not exceeding three months;
• to revoke the licence.

 

The licence holder, Responsible Authorities or any other party can appeal the decision, made by the Licensing Sub-Committee, to the Magistrates Court within 21 days of the decision notice issued by the Council.