Published: by Partner, Jonathan Smith
Gain a better understanding on what a premises licence revocation is and what to do to prevent one
Throughout the last few months we have seen a rise in the number of Premises Licence reviews across England and Wales, some of which have resulted in the revocation of the Premises Licence.
A Premises Licence authorises businesses to carry out licensable activities under the Licensing Act 2003, which are the supply of alcohol, provision of regulated entertainment and provision of late night refreshment (sale of hot food and drink after 23:00), and clearly, this is the lifeline of any hospitality business.
Failure to comply with the terms and conditions of a Premises Licence or to uphold the licensing objectives can have serious consequences, which can include the revocation of a Premises Licence. Understanding Premises Licence reviews (and the ultimate sanction of a revocation) and the steps that you can take to prevent a review are essential for any Premises Licence Holder looking to operate responsibly and successfully.
This article explores Premises Licence reviews, the sanctions (including revocation), the causes of Premises Licence reviews and strategies to avoid facing a Premises Licence review and ultimately a potential revocation of your Premises Licence.
What is a premises licence review?
A Premises Licence review can be brought by any person on the basis that a business is not promoting the licensing objectives. It is normally brought by the Responsible Authorities (as defined by the Licensing Act 2003). As a result of a Premises Licence review then a Premises Licence can ultimately be revoked by the Licensing Authority.
What is a premises licence revocation?
Simply put, a Premises Licence revocation means that the operator has had the Premises Licence taken away from them at a hearing by way of a revocation of the Premises Licence. This is the most serious step that a Licensing Authority can take following a Premises Licence review and, effectively, stops all business operations impacting income and of course the reputation of the operator.
The Premises Licence can be revoked following a Premises Licence review and a hearing to determine that review. Other remedies that are available to the Licensing Authority are removal of the Designated Premises Supervisor, amending the hours for or removing licensable activities, or amending conditions on the Premises Licence. Alternatively, a Licensing Authority can suspend a Premises Licence for up to 3 months.
Whatever steps a Licensing Authority takes must be both appropriate and proportionate to the promotion of the licensing objectives.
Common reasons for a Premises Licence to be revoked
Any incident on licensed premises which results in a fatality can often lead to a Premises Licence revocation, as happened at the Sky Bar in Nottingham following a fatal stabbing.
Any criminal activity on licensed premises is regarded particularly seriously by Licensing Authorities and can often result in a Premises Licence revocation. In particular, the use or supply of drugs or the use of premises for the supply of drugs, employment of illegal immigrants or where premises have been used for underage drinking.
Other examples of when a Premises Licence may be revoked is where there have been persistent complaints from local residents or businesses about noise or anti-social behaviour, and warnings have been given and ignored, or the matter has previously been taken to a review or, alternately, serious health and safety violations such as overcrowding or inadequate escape route provision.
How to prevent a Premises Licence review and potential revocation of a Premises Licence?
The best approach is for Premises Licence Holders to build positive working relationships with the Responsible Authorities and, in particular, the Police, Licensing Authority and Environmental Health who would normally instigate any review process.
Ensure full risk assessments are done and that all staff are trained on the licensing objectives, and the conditions on the Premises Licence.
Practical steps to avoid a review may include the following:
Staff training
Ensure that any Designated Premises Supervisor working at the premises is fully familiar with the licensing objectives and the conditions of the licence, and that they are comfortable if training other members of staff.
Consider investing in an intensive training programme (including re-training) for members of staff, including training on preventing drunkenness and underage sales.
Licensing Conditions
Make sure members of management fully understand the conditions on the Premises Licence, and that key members of staff also understand these.
Ensure any door staff who are working at the premises also understand the conditions relevant to their role. It is important that door staff and members of management not only understand conditions but also the licensable activities which are permitted by the Premises Licence, and the hours during which they are permitted.
Risk Assessments and Policies
Ensure that any operational policies and risk assessments are kept fully up to date, including a fire risk assessment. Make sure management knows who is responsible for implementing those policies and the risk assessments and keeping them up to date. Keep them all in a central area where members of management can easily find them, and that all members of staff are fully trained on those policies and procedures, and that records of the training carried out are retained.
Age Verification Policy
Ensure that there is a written age verification policy and that this is easily to hand and all members of staff know where this is. Ensure all members of staff involved in the sale of alcohol are trained on the age verification policy, and records of that training are retained.
What happens following a review if you are not happy with the decision?
There is a right of appeal against a decision to impose sanctions against a Premises Licence. The appeal has to be made to a Magistrates’ Court within 21 days of the Premises Licence Holder being notified of the decision. The decision of the Licensing Authority is “suspended” pending the determination of that appeal, and so you can continue trading as normal unless the review has been considered following the Police issuing a Summary (or Expedited) Review used for serious crime or serious disorder, or the review has been held as a result of the issue of a Closure Notice, when the decision of the Licensing Committee, whatever that may be, will almost inevitably continue until such time as the appeal is heard, and if that is the revocation of the Premises Licence then the premises will remain closed pending the hearing of the appeal.
How we can help
If you are in need of help with a premises licence review or your premises licence is in risk of being revoked, or any other licensing issue for that matter, you could not be in safer hands than those of our specialist solicitors.
We have represented hundreds of operators, from assisting nightclubs defending a Summary Review brought after a fatality, to negotiating with authorities to avoid issuing a review.
Something else you might like…
- News
- Premises licence
- Premises licence
How long does it take to get a premises licence?
Read about the time it takes before you can open your doors (or launch your website) for alcohol sales
- Cumulative impact policy
- News
- Premises licence
Another Midlands Council considers removal of its Cumulative Impact area
Midlands Council is proposing the removal of the Cumulative Impact areas as part of its Licensing Policy Consultation.
- News
- Premises licence
- Premises licence
- Publications
How to write a premises licence application so you can sell alcohol and provide entertainment
A simple guide on how to apply for a premises licence to sell alcohol and provide regulated entertainment