What is a 'relevant' representation?
Under the Licensing Act 2003 a 'relevant representation' may be made in opposition or in support of a licensing application and can be made by any individual, body or business, irrespective of their place of residence or location.
' Relevant representation' is the formal method available to a person who wishes to have a say on licence applications made under the Licensing Act 2003.
For a representation to be 'relevant' under the Licensing Act 2003, it must:
- be submitted to the Licensing Authority:
- be received by the Licensing Authority before the end of the 28 day consultation period: and
- relate to the likely effect of the grant of an application on the promotion of the four 'licensing objectives' specified in the Licensing Act 2003.
Please be aware that the Council will not consider representations that are 'frivolous' ( ones that display a lack of seriousness in purpose or nature) or 'vexatious' ( ones that are intended to cause aggravation or annoyance whether to a competitor or other person without reasonable cause). In the case of a premises licence 'review' the Licensing Authority may not consider any repetitive representations already considered)
What are the four licensing objectives?
- the prevention of crime and disorder:
- the prevention of public nuisance:
- the protection of children from harm: and
- public safety.
How can I find out about an application?
No two applications are the same, as every business is different and there are many types of application and licensable activities, to produce a 'relevant representation' it is essential that you understand what the application seeks before deciding whether to submit a representation.
When an application is made for a new licence, or to vary an existing licence ( e.g. to put on additional activities or to extend their hours) the applicant must advertise the application by:
1. Placing a notice at or on the premises:
- On A4 or larger pale blue paper in Font 16 ( or on white paper, in the case of an application for a minor variation).
- It must be placed prominently at or on the premises where it can be conveniently read from the exterior of the premises. Multiple notices maybe required if the premise/event covers a large area.
2. Placing a notice in a local newspaper with the Derbyshire Dales District which serves the district or area where the event is to be held. The advertisement must be published within 10 working days, following day after the application is received, by the Licensing Authority.
Derbyshire Dales District Council also has a public register and you can contact the Councils Licensing Team who can provide more information about the application and confirm the last date by which 'relevant representations' must be received by.
Concerns must be clearly expressed or identified in the body or the representation. There is no requirement for you to produce a recorded history of problems at a premises and are unlikely to be able to do so for a new premise but speculation and unsubstantiated claims may not carry as much weight.
The representation must explain the basis or grounds, for the concerns raised, based on the four licensing objectives. Government Guidance issued under Section 182 can assist you in assuring that your representation is as effective as it can be.
Are there concerns that cannot be considered or are inadmissible?
An area may have some localised social issues that cause valid concerns for residents but 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 for a 'relevant representation' in relation to licensing applications.
Planning permission, building control approval and licensing regimes are separate and involve consideration of different (albeit related) matters. Licensing Committees are not bound by decisions made by planning committee, and vice versa.
Other areas may include:
- limited parking provisions:
- 'Need' concerns the commercial demand for another pub or restaurant or hotel and is a matter for the planning authority and for the market. This is not a matter for a licensing authority when discharging its licensing function:
- the possible effect the grant of an application may have on property value:
- moral or ethical views about the sale of alcohol.
Such considerations may not influence the determination of applications made under the Licensing Act.
Once the Licensing Authority receives a representation?
The Council is required by law to:
- consider content of the representation to establish whether it meets the criteria , described above, for being relevant : and
- send a copy of your representation to the applicant or their representative. This will include your name, address and contact details ( anonymous representations cannot be accepted)
All representations submitted and accepted by the Licensing Section will ultimately become part of a hearing report, which, which is a public document, but personal details and contact details will be removed from the published version of the document.
Submitting your written representation.
Representations must be received by the Council within 28 days beginning on the day after a valid application is received by the Council.
You can use the form below to submit your representation:
Print the form out, complete the details and email it to
Any representation received outside the 28 day consultation period will not be accepted.
