Comment on a Licensing Act 2003 application
There is a period of consultation:
- between granting and applying for a new licence
- between granting and applying for a variation (change) to a licence
We must receive your comments by the last day of the consultation period, which is 28 days.
Making comments is also known as making representations.
You can make a representation on an application for:
- a new licence
- a variation to an existing licence
- a review of an existing licence
How to make a representation
The Licensing Act 2003 states that we must automatically grant all applications unless we receive an objection relating to the licensing objectives. In these cases there will be a hearing to decide whether to grant or refuse the application.
Each application will be considered on its merits and all relevant objections will be taken into account.
Download 'How to make a licensing representation' for details of how to send us your comments.
Where to send your representations
Licensing Service
Luton Council
George Street
Luton
LU1 2BQ
Email: licensing@luton.gov.uk
The 4 licensing objectives
We always consider licence applications against the 4 licensing objectives set out in the Licensing Act 2003. They are the:
- prevention of crime and disorder
- prevention of public nuisance
- promotion to public safety
- protection of children from harm
For more information, download our statement of licensing policy.
Who can comment
Anyone can make a relevant representation (objection) against a licence application, but it cannot be anonymous.
We need to be satisfied that you are making the representation for legitimate purposes. It is also important that we are also able to contact you so you can respond to the representation.
Your comment must relate to at least 1 of the 4 licensing objectives.
Evidence
Your comments should be:
- specific to the premises
- based on evidence
You may wish to record any problems by keeping a diary, listing the dates, times and details of any incidents. This could include photographic or video evidence.
If the matter is referred to a hearing, the hearing representatives (locally elected councillors) will need to be satisfied that there’s a link between the representations made and the effect on the licensing objectives.
You can also suggest possible changes or compromises for the applicant to consider.
Any representation must be factually correct. It is an offence to knowingly or recklessly make a false statement in connection with an application. If convicted, the maximum fine is £5,000.
We can only consider representations or requests that are not 'vexatious' or 'frivolous'.
Your personal details
Once we accept your representation, we will include it in the hearing report, which is a public document. We will remove your personal contact details, such as email addresses and telephone numbers, from the published version.
Unless there are valid concerns regarding intimidation, we will send your representations to the licence holder, along with your name and address. We will not include your email address unless you specify that you prefer it to be used as the preferred method of contact.
Under the legal requirements of the Licensing Act 2003, the applicant must be given the opportunity to contact you, the objector, in order to address any concerns and, if possible, avoid the need for a licensing hearing.