Dear Sir/Madam,
Licensing of alcohol, regulated entertainment and late night
refreshment
The Licensing Service has been receiving a number of enquiries in
relation to how Parish, Town or City Councils can comment on
applications received by the Council under the Licensing Act 2003.
The Licensing Act 2003, together with statutory guidance and
regulations, governs the process for making representations on
applications and also defines who can make a representation.
Representation, under the current legislation, can be made on
applications by persons listed in the legislation as interested
parties which are the following :-
a person living in the vicinity of the premises in question
a body representing persons who live in that vicinity
a person involved in a business in that vicinity
a body representing persons involved in such businesses
In addition, authorities listed in the legislation as a
responsible authority may also make representation and this includes
the Police, the Fire Authority, Trading Standards, the Local
Safeguarding Children’s Board, Health and Safety, Planning and
Environmental Protection.
Parish / Town and City Councils are not listed in the legislation
as a responsible authority and as such are prevented by the
legislation from making a representation for their Council.
However, they can make a representation on behalf of a business or
resident in the vicinity of the premises if that business or
resident has asked them to do so. The representation submitted
in this instance will be the representations being made by that
resident or the business and not the view of the Council. The
Council must be able to demonstrate that they have been asked to do
this by the resident or business.
Cornwall Council is aware that Parish / Town and City Councils
may well be lobbying Government to change this so that they can be
included but the legislation at the moment remains unchanged.
There has been a recent change in legislation, which commences on
29 January 2010, which permits Cornwall Council Councillors to make
representations on applications under The Licensing Act 2003. The
statutory guidance issued under the Licensing Act 2003 is to be
updated to explain the process for this. Cornwall Council
Councillors are being advised of their new powers and will be
offered guidance when it is available.
Applications that have been submitted are listed on the Council’s
website at
meantime please refer to
the enclosure which gives the navigation through the website to the
page displaying the current applications. The website also
includes information on making applications and representations.
I hope this explains the current regime which we have to conform
to but please contact the Licensing Service should you have any
queries.
Yours faithfully
Bob Mears
Licensing Team Manager (West)
Public Health and Protection
Tel: 01209/ 614417
Email: bmears@cornwall.gov.uk
