The Application Process
The licensing officer will check your application is correctly filled out. Incorrectly completed applications will be sent back to you, so make sure you check your application through carefully, and that all necessary papers are included, before submitting it.
If you are unsure about the way you have filled out the forms you may be able to book an appointment with your licensing officer and ask them to check through it with you when you submit it.
Employing the Experts
You can decide that you do not want to handle your application yourself. For example you may have an application that you feel is particularly sensitive, or complicated, or you might simply feel that you would prefer to employ a professional for piece of mind.
There is a diverse choice of different services available to help with your alcohol licence. There is also a range of deals, including in some cases “no win no fee”, or free initial consultations.
You can also seek professional advice after you have made an application if you encounter problems with your local authority or you have to apppeal a decision.
ACS can recommend the following licensing specialists:
GP Retail Services are specialists in helping businesses cope with regulatory burden, for help with your alcohol licence contact Stewart Gibson on 01476 569250 via email.
Lockett & Co, Retail and Licensing Consultants – are the largest company giving off licence application help to the independent trade. They offer the facility of a site survey to assess the potential problems and identifying sites not worth pursuing. Once a site is agreed they complete the off License application for a single one off fee. Contact Chris Mitchener on 01562 864488 or via email.
The local authority will have a set period of 28 days during which it will receive any comments on the application from interested parties. If no comments or objections are made then your application will be granted at the end of that period.
If an objection is received the licensing officer is required to assess the objection on the grounds set down in the legislation and guidance. The officer is required to check whether the objection:
- is made by someone with a right to object;
- whether it is made in line with the 4 licensing objectives;
- whether it is repetitious, vexatious or frivolous; and
- check that is not substantially the same objection which was received at a previous time.
The licensing authority has the power to attempt to resolve practical problems informally without a hearing if all parties are in agreement. Licensing authorities may seek to do this in order to reduce costs and efforts for all involved.
If the objection is reasonable and no compromise can be found the local authority will convene a meeting of its Licensing Committee.
The Licensing Committee
The Licensing Committee decides the application. The committee is formed of between 10 and 15 Councillors, but the authority may choose to convene a Sub-Committee of a smaller number (min 3).
A Fair Hearing?
If you think that a Councillor is compromising your application due to a personal concern, such as they or their family live near your store, or similarly if they have an interest in a competing business, you can raise your concerns with the Council.
However remember that this also works the other way so any Councillor that acts in this way on your behalf must also declare their interest.
Any Councillor who has an interest that could be perceived to prejudice their thinking on the application (financial, family or other) should declare that interest and depending on the degree of that interest should not be involved in deciding the application.
If you believe that any Councillor has such an interest you should contact the local authority’s Monitoring Officer and talk through your concern. For more details of interests and Councillor ethics see www.standardsboard.gov.uk.