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‘Interested Parties’ are the group of bodies or individuals, who are entitled to make representations to Torbay Licensing Authority on an application for the grant, variation or review of a premises licence. Any representations must be about the likely effect of granting the application on the promotion of the licensing objectives. In addition, interested parties may themselves seek a review of a premises licence. This group includes:
- A person living in the vicinity of the premises
- A body representing persons who live in that vicinity
- A person involved in a business in the vicinity of the premises
- A body representing persons involved in these businesses
- A member of the relevant licensing authority, i.e. elected councillors of the licensing authority for the area in which a premises is situated
What is the ‘vicinity’?
Whether somebody lives or works ‘in the vicinity’ of a premises is a matter that will be decided by the licensing authority (and if there are disputes, by the courts). The word has no particular technical meaning and in licensing matters, should be interpreted as an ordinary English word and in a common sense fashion. In doing this, the licensing authorities will take into account whether the party is likely to be affected by any disorder or disturbance occurring or potentially occurring at those premises.
What is a body representing persons in the vicinity?
A body representing persons in the vicinity could be for example, a Town or Parish Council or a Residents Association.
What is a person involved in a business in the vicinity?
In deciding what may constitute a ‘person involved in business in the vicinity’ the Licensing Authority will apply the widest possible interpretation and the determination process will not be exclusively confined to those engaged in trade or commerce, but will include the functions of charities, churches and medical practices.
What is a body representing businesses in the vicinity?
Bodies representing businesses in the vicinity would include Trade Associations or Local Business Forums.
Any of the individuals or groups identified above may specifically request a representative to make a representation on their behalf. For example a legal representative, a friend, a Member of Parliament or a local ward or parish councillor could all act in such a capacity.
Disclosure of personal details
If a person makes a representation about an application, then they should be aware that as part of the process their personal details will, in normal circumstances, be supplied as part of that representation. There is a requirement in Guidance that “Where a notice of a hearing is given to an applicant, the licensing authority is required under the Licensing Act 2003 (Hearings) Regulations 2005 to provide to the applicant with the notice and copies of the relevant representations that have been made”.
If however you have significant concerns about the disclosure, to the point that you would not make a representation then please speak with an Officer of the Licensing Team, as there are other options available. One option is speaking to your Councillor and asking them to make the representation on your behalf.
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Guide for Interested Parties
Guidance notes for interested parties who can be a group of bodies or individuals, who are entitled to make representations to Torbay Licensing Authority on an application for the grant, variation or review of a premises licence.
Last updated: 17/02/2011, 3:38pm (38 KB)
Related Websites
Contact Licensing & Public Protection
- Tel: 01803 208025
- Email: licensing@torbay.gov.uk
- Fax: 01803 208854
