Section 105: Premises licences: who may make relevant representations
306.Under the Licensing Act 2003 ‘interested parties’ (persons who can make an application for review or a representation with regard to one of the licensing processes) in most cases must have a particular relationship to the vicinity of the premises in relation to which the application or other process relates (for example, by living in the vicinity or being involved in a business in the vicinity).
307.Sections 105 to 108 remove this test of ‘vicinity’ from the Licensing Act 2003, and consequently remove the category of interested party. This enables any person to make representations in relation to applications for the grant or variation (including a minor variation) of a premises licence or club premises certificate, the grant of a provisional statement and to make applications for the review of such authorisations, and to make representations in relation to other discrete processes. However, all representations will need to relate to the licensing objectives and must not be frivolous or vexatious.
308.Section 105, at subsections (2) to (10), amends a number of provisions in Part 3 of the Licensing Act 2003 to reflect the introduction of this measure in relation to premises licences. Section 13 of the Act is amended to remove the definition of an ‘interested party’, and a range of processes are modified. These are the processes governing applications for:
the grant or variation of a licence,
the grant of a provisional statement,
a minor variation of a licence, and
an application for a licence by a community premises to remove the requirement to have a designated premises supervisor.
309.The requirement on an applicant to advertise an application, and on a licensing authority to send notices of applications, are modified as a consequence of the removal of the category of interested party from these processes. This amendment also provides that any representations from persons (other than responsible authorities) must not, in the opinion of the relevant licensing authority, be frivolous or vexatious.
310.Subsection (3) amends the requirements on the Secretary of State to make regulations governing who should advertise an application. Regulations will require an applicant and licensing authority to advertise the application: the former must advertise the application in a way which ensures that it comes to the attention of persons in the licensing authority’s area who it may affect; the latter must advertise it in a way that ensures that it comes to the attention of all persons who it may affect.
311.Subsection (11) makes provision for the application of these amendments.
