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Has an application been made?
You'll know if an application has been made if you see a relevant:
How long do I have to make an objection?
Once an application has been received you have 28 days in which to lodge an objection.
(This can be less than 20 working days if Bank Holidays fall in the period.)
How do I object?
All objections must be made in writing, by post, email or fax.
Objections should be sent to:
Objections, Westminster Licensing Service
4th Floor City Hall, 64 Victoria Street
Westminster, SW1E 6QP
Fax: 020 7641 3238
Email: licensing.vsw1@westminster.gov.uk
Online: Contact the Licensing Service
The Council will accept a representation from interested parties that is sent in by electronic means by completing the online form available on this site.
Who is allowed to make an objection?
Objections can only be made by residents or businesses in the vicinity of the premises, or by a body representing such persons, including residents associations.
The definition of "vicinity" is not clearly defined by Central Government but essentially if there's doubt you'll have to demonstrate a clear link between the proposal and your quality of life. For example although the premises may be a few streets away it may be that its customers congregate at the late night bus stop near your home.
Is my objection relevant?
Representations must be relevant to the four licensing objectives of the Act and have evidence to back them up. Objections may be thrown out if they are seen to be repetitive (normally taken as repeating the same complaint - which has already been heard by the Council - within 12 months), frivolous or vexatious.
Your objection must relate to one of the four possible problems. You must be able to demonstrate that if the premises was to be granted a new licence it would:
Details of the application will be posted on this web site so that you can see exactly what the applicant claims they will be doing to guard against these problems. Copies of your and other objections will also be published on this web site.
Apart from people living around the premises, "Responsible Authorities" may also object.
The Responsible Authorities are:
The Police, The Fire Authority, The Area Child Protection Committee. (This is the recognised body responsible for the protection of children from harm), the Planning Authority of Westminster City Council, Community Protection (This is the relevant Council department responsible for health and safety at work and minimising or preventing the risk of pollution or harm to human health) and the Trading Standards Authority.
What can I do to help my objection?
You can support your objection by supplying the following:
If you collect such evidence you will need to inform the Council before the hearing that you wish to use it as part of your evidence and also agree to a copy being given to the applicant.
When will my objection be heard?
The Council has 20 working days from the close of representations to hold a hearing. If you have objected you will be given notice of the hearing 10 working days before it takes place. We will make a copy of our report and recommendation available to you.
Will my name be made public and do I have to Attend the hearing in person?
According to law, applicants must be informed of whom has objected to their licence application. You don't have to attend the hearing. You can also nominate a person to speak on your behalf such as:
What happens at the hearing?
At the meeting you will be able to talk to a panel of Councillors (The Licensing Sub Committee).
The applicant for the licence (e.g. the landlord or bar owner) will also be at the meeting and it will usually be open to the
public. Both the applicant and the objectors will be asked to put forward a brief summary of their case to a sub-committee. If you wish you may be assisted or represented by another person, whether or not they are legally qualified. You may also ask for someone to attend to give evidence to the panel on your behalf.
If you want someone to give evidence on your behalf then you should give the licensing authority notice of the name of that person and the points that you wish them to make five days before the date of the hearing. You should not repeat what has been given in the written evidence as the councillors will have read this before the hearing. The panel may ask questions but there will not normally be formal "cross examination".
The panel will have to make a decision whether to grant or refuse the licence. If they grant a licence they are allowed to restrict it, for example, by putting conditions on it that reflect the concerns of the objectors. Both the licencee and the objectors can appeal to the magistrates' court against the decision of Westminster City Council within 21 days of the Council making the decision.
For further Licensing Procedure Information please call 020 7641 6415.
2008 Westminster City Council. Contact the Council
