A summary review is a fast-track review process brought by the police when they consider that the premises concerned is involved in serious crime, serious disorder or both. The review allows the licensing authority to take interim steps where it considers it necessary, pending a full review. It only applies where a premises licence authorises the sale of alcohol.
The licensing authority can take the following interim steps:
- Modify the conditions of the premises licence;
- Exclude the sale of alcohol from the scope of the licence;
- Remove the designated premises supervisor (DPS) from the licence;
- Suspend the licence
Following a full licence review, the licensing authority may do any of the above or choose to revoke the licence.
Summary Review Procedure
- The chief police officer applies for an expedited review, where a senior police officer has issued a certificate stating that in his/her opinion, the premises concerned is associated with serious crime or disorder (or both);
- On receipt of the application, the licensing authority considers (within 48 hours) whether it is necessary to take interim steps pending the determination of the review of the licence. In any event, the licensing authority must undertake a review within 28 days after the application is received;
- The licensing authority must give a copy of the application for review and a copy of the certificate to the premises licence holder and the responsible authority within 48 hours (any non-working day can be disregarded);
- The licensing authority may consider the interim steps necessary. The premises licence holder does not have to be given an opportunity to make representations and a hearing does not have to take place at this stage;
- The licensing authority will make a decision on whether to take interim steps. A written record of the decision must be made as soon as possible, after the decision has been made.;
- If interim steps are to be taken, the licensing authority must give immediate notice of its decision and its reasons, to the holder of the premises licence and the chief police officer that made the application;
- The premises licence holder may make representations against the interim steps taken by the licensing authority. If representations are made, the licensing authority must hold a hearing within 48 hours of receipt of the representations (non-working days can be disregarded);
- If a hearing takes place, there is no right to appeal the decision at this stage;
- The licensing authority must hold a full review hearing within 28 days. They must advertise the review hearing, for no less than seven consecutive days from the date after receipt of the chief officer’s application, inviting any person to make representation;
- Representations made must be submitted to the licensing authority within ten working days of the of the advertisement of the review appearing;
- Formal notice of the hearing must be given to the premises licence holder and responsible authorities no later than five working days from the day of the hearing;
- Parties must give notice to the licensing authority within two working days of the hearing, stating whether they intend to attend the hearing, whether they think a hearing is unnecessary and whether they would like permission for any other person (apart from a legal representative) to attend the hearing. They must explain which point that the person will be able to contribute;
- The hearing will take place;
- The licensing authority must notify its decision and reasons to the holder of the premises licence, the chief officer of police that made the application and any party that made representations;
- An appeal may be made to the magistrates court within 21 days of the licensing holder being notified of the determination on review. The decision of the licensing authority will not have effect until the end of the period allowed for appeal, or until the disposal of the appeal.
How TV Edwards can help
At TV Edwards Solicitors we can provide you with expert advice in relation to summary reviews, representations at the interim stage, representations at the full review and your right to appeal the licensing authority’s determination on the full review.