Applications & Responses

Not all of our responses are published on here. For full responses to all applications, please visit the Basingstoke and Deane website and search with the application number or name of the property.

LICENSING ACT 2003 FULL VARIATION OF PREMISES LICENCE Ref no: 24/01088/PREMV 

Email received by EW Planning Committee in response to their objection to the above licence application:

Thank you for your email relating to the above variation application. 

When determining variation applications, licensing authorities are required to consider matters based on ‘the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives’.  Any representation needs to be confined to proposed changes which in this case, is the impact of the additional hour or so on Friday and Saturday evening or an hour earlier in the morning.  We also have to consider whether reasonable cause/justification exist to determine if submissions are considered formal relevant representations. 

Representations should demonstrate how proposed changes would undermine a licensing objective and should be supported (where possible) with relevant evidence.  It is not possible to present evidence for new premises licences but should there be issues, it is reasonable to expect evidence to support representations.  I have taken the time to review our case management records and can confirm no complaints regarding noise nuisance associated with licensable activities have been received since this licence took effect.  No evidence is presented within the Parish Council submission.           

We are required to determine applications by assessing changes being proposed and evidence on the risks to the licensing objectives being undermined.  Although we note the points you make about business associated noise, it does not constitute public nuisance which is relevant licensing objective here.

Under the Licensing Act, there is a presumption of grant for applications unless there are justified reasons for refusal. Should licensing authorities refuse applications (partially or fully) applicants have appeal rights to the magistrates court.  On appeal, the court would assess if the authority correctly determined the application by assessing if the decision was justified.  This would include an assessment of the evidence used to justify the decision and that and proper regard was had of the guidance issued under the Licensing Act 2003, the council’s own licensing policy and the intention and key aims of the Licensing Act 2003.  We are unable to take into consideration planning policy which is relevant only for planning matters.  As a licensing authority, the council would need to be satisfied and confident any refusal decision is justified by evidence, and would withstand an appeal challenge.         

At this stage, we aren’t satisfied the Parish Council’s submission meets the criteria to constitute a relevant representation.  We are happy to liaise with the applicant if the Parish Council consider there are additional measures they could include within their operation to promote the licensing objectives. 

I hope this clarifies the position.  If the Parish Council have additional evidence to support submitting a formal representation, please resubmit setting out how the additional hour would compromises the licensing objectives.