Licence reviews and appeals

Applying for a review

Note: Before applying for a review, you should have made a complaint about the problem previously, see:

Make a complaint about a licensed premises

Licensed premises can occasionally experience and cause problems. On the rare occasion this happens, the council tries to resolve the issues informally. However, any of the 'responsible authorities', or any other person including local residents, business etc., can apply for the council to review a premises licence if problems are on going or serious. See:

Responsible authorities

The application for a review of a premises licence or club premises certificate must be on a ground relating to one or more of the licensing objectives:

prevention of crime and disorder
public safety
prevention of public nuisance
protection of children from harm

The application is made to the licensing authority and must be given in writing and be in the prescribed form:

Adur District Council is the licensing authority for Southwick, Shoreham and Lancing.
Worthing Borough Council is the licensing authority for the borough of Worthing.

Application form:

Licence review - Application form - to hand write (467KB)

The person or body requesting the review must notify the holder of the premises licence and each responsible authority of their request, by sending them a copy of the application for review, together with any accompanying documents, on the same day as the application is given to the relevant licensing authority.

The licensing authority must advertise the application for the review:

in Adur this is on the noticeboard at:
The Shoreham Centre, Pond Road, Shoreham-by-Sea, BN43 5WU
in Worthing this on the noticeboard at:
Worthing Town Hall, Chapel Road, Worthing, BN11 1HA

In addition notices are placed on or near the premises itself and details of the review are advertised on this website. The advertising notice will invite representations from responsible authorities and any other parties. Those wishing to make representation have a period of 28 days in which to make their written submission to the licensing authority.

The licensing authority can reject any ground for a review if it considers it to be frivolous, vexatious or a repetition.

If the application and any representations are deemed relevant then the licensing authority, Adur District Council or Worthing Borough Council, must hold a hearing to consider the application. The committee may decide not to do anything, or to impose extra conditions on the licence. It can also suspend either all or part of the licence for up to three months or even revoke a licence.

The Home Office has issued guidance to the public regarding reviews:

Advice for local residents - Reviews (204KB)

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Right of appeal against licensing authority decisions

As with 'new licence' and 'variation' applications the decision of the licensing authorities, Adur District Council or Worthing Borough Council, when deciding a 'review' application is open to appeal to Worthing Magistrates' Court within 21 days of receipt of the formal decision.

Schedule 5 of the Licensing Act, provides a right of appeal to the Magistrates' Court in respect of decisions made by the licensing authority following a review hearing. The right of appeal is open to the applicant, the licence holder and to any person who has made relevant representation if that person, or organisation, feels that the decision made is unjust.

Obviously before taking such a step legal advice should be sought, and initial advice is available from the Licensing Unit.

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