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Guidance

Guidance to licensing authorities

Our guidance for licensing authorities.

Contents


4 - Carrying out a review

10.18 Having given notice of their intention to initiate a review or having decided to grant a review following an application, s.201 of the Act requires the licensing authority to carry out the review as soon as possible after the 28 day period for making representations has passed.

10.19 The purpose of the review will be to determine whether the licensing authority should take any action in relation to the licence, namely:

  • add, remove or amend a licence condition imposed by the licensing authority
  • exclude a default condition imposed by the Secretary of State or Scottish Ministers (for example, relating to opening hours) or remove or amend such an exclusion
  • suspend the premises licence for a period not exceeding three months
  • revoke the premises licence.

10.20 In particular, the licensing authority may take the above action on the grounds that a premises licence holder has not provided facilities for gambling at the premises. This is to prevent people from applying for licences in a speculative manner without intending to use them. Equally, the premises licence holder must only offer the type of gambling that they are permitted to.

10.21 The licensing authority must hold a hearing, unless the applicant and any person who has made representations consent to the review being conducted without one. The licensing authority must have regard to any relevant representations when reviewing the matter, and must have regard to the principles in s.153 of the Act.

10.22 Once the review has been completed the licensing authority must notify its decision as soon as possible to:

10.23 Rights of appeal are set out in Part 12 of this guidance.

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Application for a review
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