Torbay Council

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Current Applications and Representations

Current applications are those that are within their 28 day (or in case of Minor Variations their 10 working day) consultation period. The information can be accessed by viewing the Public Registers opens in a new window page. You then to click on the ‘Premises Licence’ link and then type in the first part of the premises name.
‘Interested Parties’ and ‘Responsible Authorities’ can make representations in respect of any application received by Torbay Licensing Authority.
If you wish to make a representation then this will need to be done in writing, explaining what your objections are, but they must be based upon at least one of the four Licensing Objectives. These are
A representation must be ‘relevant’. To be relevant the representation must clearly relate to one or more of the ‘Licensing Objectives’ and must identify why the application, if granted, will adversely affect the promotion of the Licensing Objective(s).
The representation is likely to be refused if there is no reference to at least one of these four licensing objectives, as the whole of the legislation relating to the licensing of premises for alcohol and entertainment, is based upon these four criteria.
The representation must arrive at the Licensing Team by the final day of the 28 day period (10 working days for Minor Variations). Information on how to make a representation will be on the site notice and in the press advert, or can be obtained by ringing the Licensing Team on 01803 208126.
It should be noted that ‘Minor Variations’ applicants only need to display a site notice in support of their application; they do not need to publish a press advert.
To ensure that your representation can be given full consideration, you must include your name and your address, as this will help the Licensing Authority to decide if you may be an ‘Interested Party’ in relation to the application. Anonymous representations will not normally be accepted.
Email representations are accepted BUT ONLY for Minor Variations at this time. This is the law. However I must stress again those sent by email must include your name and address. Email address is Licensing@torbay.gov.uk.

Hearings

If you make a representation for any type of application, (except a Minor Variation), and it is accepted by the Licensing Authority, then the following process will take place:
If you make a representation in respect of a ‘Minor Variation’ application, there is no hearing by a Licensing Committee or Licensing Sub-Committee. A decision will be made upon whether the representation is considered ‘relevant’. To be relevant the representation must clearly relate to one or more of the ‘Licensing Objectives’ and must identify why the application, if granted, will adversely affect the promotion of the Licensing Objective(s).
If it is determined that the representation is relevant and that the application, if granted, will adversely affect the promotion of one or more of the Licensing Objectives; then the application must be refused. If it is considered that the representation is not relevant then the ‘Minor Variation’ application must be granted. If you have made a representation you will be notified of the decision.

Related Documents

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Contact Licensing & Public Protection