Legal guide: How summary reviews work
The starting point may be ongoing episodes of violence or significant criminal activity such as drug dealing on the premises. The process that follows, however, will be the same.
■ Following confirmation from a senior police officer that the licensed premises are associated with crime and disorder or serious crime, the chief officer of police issues an expedited review application to the licensing authority.
■ This is a unique type of review and you are most likely going to be aware of the intentions of the police prior to it being issued. Hopefully, the police will have discussed with you that in determining an appropriate response to incidents or activities at the premises only an expedited review can address those issues. Naturally, this is very concerning, however, the premises licence holder and/or designated premises supervisor/manager are encouraged to continue to talk with the police. Your approach to what they are saying may determine what happens next and the action plan formulated between you can, and often does, soften the blow.
■ An interim steps hearing follows (within 48 hours of the issue of the application). If you have opened the door for negotiations with the police it may be that they will identify this to the committee. The premises licence holder does not have to be at this interim steps hearing (in fact, in many cases he will be excluded). The committee may determine to apply interim steps — effectively further conditions that will apply to the premises licence until such time as there is a formal hearing. The formal hearing must take place within 28 days of the issue of the application by the police for the summary (expedited) review.
■ The conditions applied may be extremely onerous and the premises licence holder can ask for a hearing to request that the committee reconsider either one or more of the interim steps imposed. In determining whether the interim steps are appropriate, the licensing authority will consider their effect on the four licensing objectives and may determine, for example, that the premises does not need to close for the interim period before the substantive hearing. It may, however, wish the premises to cease selling alcohol, for example at 11pm.
■ A full review hearing, which cannot be dispensed with, follows. The hearing is an opportunity not only for the police to present their evidence but also for the premises licence holder, whose business may have been disrupted significantly, to present their evidence in defence of the operation of the premises.
■ Steps determined during the hearing may include:
- Modification of conditions of the premises licence
- The exclusion of one or more licensable activities from the premises licence
- The removal of the designated premises supervisor from the premises licence
- Suspension of the premises licence for a period not exceeding three months, or
- The revocation of the pub premises licence.
Clare Eames of Poppleston Allen gives a concise explanation of the legal background to Reviews of Premises Licences
