Guidance for making representations

Representations must be made in writing to the Licensing Authority where the premises are situated. Wiltshire Council will also accept representations by email to publicprotectionnorth@wiltshire.gov.uk (opens new window). A representation form is attached at the end of this guidance, however a representation can be made in any written format as long as it contains the required information, including name and address.

Relevant representations

To be considered "relevant", all representations must be concerning the likely effect of granting or varying the licence on the promotion of at least one of the four licensing objectives (mentioned previously*). It is important that you provide as much evidence as possible when submitting your representation. Evidence is what you can demonstrate to be the case, not simply what you fear might happen. It will not be possible to provide specific premises evidence for a new premises, therefore the Review process may be a more suitable consideration should a licence be granted. Please see the Review process below.

Representations must be balanced and proportionate. A representation which is either frivolous (with no serious intent), vexatious (made simply for the purpose of causing annoyance) or repetitious (concerning a matter which has already been considered and about which there has been no material change) may not be considered relevant and will be rejected.

The Licensing Authority will need to be satisfied that there is an evidential and causal link between the representations made, and the effect on the licensing objectives.

Responsible Authorities

Representations can also be made by one or more of the Responsible Authorities. Before you make a representation you may wish to contact the relevant Responsible Authority to discuss your concerns. These include the Police and Fire Brigade as well as the Council's Environmental Health department. A complete list is available at Responsible Authorities. These Authorities will consider making their own representation if they think that one or more of the Licensing Objectives would be adversely affected by the proposals.

Personal Information

If you do not want your personal details to be released then you can approach a local representative who may consider making the representation on your behalf. You should not delay in seeking a representative as any representations must be received within the 28-day notice period (10 working days for minor variations). You could ask a local Councillor (including Town & Parish Councillors), or any other locally recognised body or association. Councillors who are part of the Licensing Committee hearing the application will not be able to enter into discussions with you about the application, outside the formal hearing. Wiltshire Councillor and Town/Parish Council information can be found at Councillors, committees and decisions. If you are unsure about who to approach in your area please contact us and we will be happy to advise.

All representations in their entirety, including your name and address, will be disclosed to the Premises Licence applicant. The applicant may wish to contact you to discuss your representation further. A copy of representations will be annexed to the Licensing Officer's report, which is a public document (personal telephone numbers, email addresses and signatures will be redacted from any public document) published on the council's website and circulated to the Licensing Sub-Committee, the applicant and to all those who have made relevant representations. Representations that are made anonymously cannot be considered.

In Summary, to be considered a relevant and complete, your representation must:

• include your name and address
• include the name and address of the premises you are making a representation about
• be relevant to the four Licensing Objectives and no other matters
• in relation to Licence variations it must only relate to the variation and not the existing Licence
• explain in as much detail as necessary what problems you believe will arise from what the applicant is proposing, and include any evidence/records if referring to existing concerns
• not be frivolous or vexatious in nature
• be received by the Council within the consultation period

Supporting representations

A representation does not have to be an objection: you can make representations in support of an application if you believe that it will have a positive impact on one or more of the licensing objectives - this must be explained in the representation. For example, an application to add live music or late night refreshment to a licence might help the premises attract a more diverse clientele and lower the risk of crime and disorder.

Petitions

The Licensing Authority will accept petitions, but there are some important factors to consider before organising a petition.

• We ask that the instigator of the petition identifies themselves as a central point of contact. We may need to make contact in order to verify certain matters and if we are unable to do this it could invalidate the petition.
• Each page of the petition should contain information as to the purpose of the petition so that all persons know what they are signing.
• Full names and addresses must be supplied.
• All signatories must be made aware that a copy of the petition will be supplied to the applicant and a copy will be contained within the committee papers, so their personal details will become public knowledge.

We will not write to each signatory separately, but instead assume that the instigator will advise each signatory of the hearing date and the final outcome of the application. It is expected that the instigator will represent the signatories at the hearing and to speak for them.

Further considerations

Consider how you believe the issues could be addressed to resolve the concern.

• If no relevant representations are made (for applications other than a Minor Variation), the licence or variation must be granted, subject to the operating schedule and mandatory conditions.
• Local Authorities must grant a Minor Variation unless there could be an adverse effect on the licensing objectives. They must take representations into account, but there will not be a hearing. A decision must be made within 15 working days.

Town and Parish Councils

Town and Parish Councils can make a representation for or against a licence application without necessarily having to represent an individual living in, or business located in, the vicinity.

A Town or Parish Council may wish to consider any cause for concern to local residents or businesses, but any representation must be specific to the impact on the licensing objectives, as previously mentioned.

The Licensing Authority will expect a representation to include evidence if, for example the Town or Parish Council is concerned with the further increase of crime and disorder/anti-social behaviour at/nearby a premises. In this circumstance the Town or Parish Council may wish to make contact with the police in order to gain further information and evidence.

A representation cannot include concerns covered by other authorities i.e. planning or highway matters. However, you may wish to consult with these departments to discuss your concerns under separate legislation.

The 28-day consultation period cannot be extended to coincide with monthly/periodical committee meetings. All representations must be received in writing within the consultation period as prescribed under the Act. The consultation period is noted on the advertised notices on the premises, in the newspaper on the Council's website and should also be included in correspondence with the Licensing Authority.

The information in the rest of this document is also relevant to Town and Parish Councils.