Legal advice: Procedure in review?

Now that the Licensing Act has been in for a few months you could find yourself facing a review prodecure.

By Piers Warne of thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

The Licensing Act 2003 has now had a little time to bed in and most licences have been issued (even if they do contain errors). Licensing officers may now find their time could be occupied with reviews of premises licences. There is an indication that some police forces (and responsible authorities) are looking to test the review procedures' effectiveness at dealing with "problem premises".

It will also almost certainly be the case that neighbours of some pubs may look to the review procedure to try to close the premises or limit activities at smaller pubs in residential areas. Here, therefore, is a short guide to protecting your premises from such reviews.

If a valid application for review is made by a responsible authority or interested party, the licensing authority is obliged under the Act to canvass the opinion of all the other responsible authorities and interested parties (residents associations/local ward councillors) by putting a sign on the premises and including any representations they make in their report. This means that what may start as a simple matter can snowball into something all the more problematic.

Below are some steps you can follow to try to assist in preventing reviews.

• Identify possible problems​

If you are aware that something is causing an issue in your neighbourhood and it can be linked to your premises, this could be a future ground for review. There are many circumstances where such an issue can be rectified without much effort, if you take the time to consider if anything you currently do may be detrimental to others or may be the start of a problem.

Record everything​

If you receive a complaint, or if an incident occurs in your premises, having a system of proper recording will allow you to spot patterns that may be cause for concern.

Also, potential problems may prove to originate from somewhere else and not from your premises at all. If this is the case, you may be able to persuade the complainant that you are not at fault. But if they do review your licence, you will be able to provide the committee with written evidence supporting your case.

Initiate discussions​

Simply acknowledging a problem, while being a good start, is not enough and follow-up work will be required. Even if you think you have resolved it, ask the people who complained to confirm that your actions have worked. If no solution seems to present itself, discussions may allow for a compromise. Involving those who have concerns shows that you take them seriously.

Act on suggestions​

If you can, act on suggestions. Record what action has been taken by you and the outcome. It may assist if something associated arises, or a problem recurs.

We constantly hear of nurses or teachers complaining that the paperwork they have to do interferes with their 'proper' jobs. This year, it may be the licensee's turn to complain about bureaucracy. But proper paperwork may mean you stay a publican in the future.