Has anyone any experience of objecting to a licensing application?

[S&CLER]

I am currently objecting to an application to open a wine bar on the ground floor of our block, under my flat, and would be interested to hear from anyone who has had a similar experience. I am aware that there are 4 main grounds on which one can object, and that a reduction in the value or saleability of your property is not one of them; public nuisance (noise) is the relevant one here, as the applicants are proposing to play background music for 12 hours a day from 10 a.m. to 10 p.m and to put tables outside, which would make it impossible for me to open my windows on summer evenings without becoming an unwilling listener to other people's vinous conversations. I have objected to the licence being granted at all, and specifically to the permission to play music and put tables outside, and have also said that if it is granted I would expect really effective sound proofing of the premises, with acoustic plasterboard and perhaps rockwool in the void between the suspended ceiling and the true ceiling; and a test of the efficiency of the soundproofing before the premises were allowed to open. I've been told that a similar application for a wine bar in the former Queenscourt Hospice charity tea shop in Churchtown was rejected on similar grounds after the occupants of the flats objected.

Has anyone been to a hearing following making a "representation" against a liquor licence application?

 

[Snow1964]

Depending on what it is currently used for, they might also need change of use planning permission, which would need separate application (And objection)

A music license application might be part of alcohol application, and can object on grounds of noise etc, sometimes can object to late hours (but rather depends if they have already granted those hours to somewhere else nearby, as the applicant will then use the principle already agreed argument)

 

[S&CLER]

Depending on what it is currently used for, they might also need change of use planning permission, which would need separate application (And objection)

A music license application might be part of alcohol application, and can object on grounds of noise etc, sometimes can object to late hours (but rather depends if they have already granted those hours to somewhere else nearby, as the applicant will then use the principle already agreed argument)

Yes, the notice of application for change of use arrived over a week later than the licensing application and of course came from a different council department.

 

[High Dyke]

Whilst not having had a licence application declined, or objected to by the neighbours, it may be that the respective licensing team may impose conditions on the licence itself, if granted. I'm a Designated Premises Supervisor, for my local social club. The license we have does have a number of mandatory conditions attached to it - namely regarding noise, music and public nuisance. over the years we've had the odd complaint from the surrounding houses, but steps have been taken to resolve issues through the licensing officer.

I see that you are already aware of the criteria, which is standard across the Licensing Act 2003, regarding your representation. As part of a license application the provision of music is one of the questions that must be completed.

Your representation must be based on one of the four licensing objectives, under the Act. These are:

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

You can make a representation in support or in opposition of an application, but in either case your representation must relate to at least one licensing objective. For example, you should state in what way the premises may contravene the objectives or in what way it may promote them.

Your representation must not be frivolous, vexatious or repetitious. Please remember that any representation must be factually correct. It is an offence to knowingly or recklessly make a false statement in connection with an application and the maximum fine for which a person is liable on summary conviction for such an offence is £5,000.

The hearing committee will listen to both sides and then make a decision. Both parties are then able to appeal the decision.