The Licensing Authority has received the following applications either for the grant of a premises licence or club premises certificate, a full variation of a premises licence or a club premises certificate or a provisional statement in accordance with the Licensing Act 2003 ("the Act")

By following the link below you will be able to view a brief outline of the application which will include the location of the premises, a brief description of the application being made and the closing date by which responsible authorities and other persons may make a relevant representation.

CLICKING ON THE FILE WILL ALLOW YOU TO VIEW THE APPLICATION.

<>

  Variation to premises licence Curry Cottage, 73 Head Street, Halstead, C09 2AU

New Premises Licence Application Savers, 60 High Street, Braintree, Essex CM7 1JP

Variation of Premises Licence Co Op, 86 Panfield Lane, Braintree, Essex CM7 2TL

Variation to club premises certificate Kelvedon Labour Club, 75 High Street, Kelvedon, Colchester,Essex CO5 9AE

How to make a representation

If you would like to make a representation then you must do so in writing either by post to the:

Licensing Section
Braintree District Council
Causeway House
Bocking End
Braintree
Essex
CM7 9HB

Or electronic mail to licensing@braintree.gov.uk

Any person wishing to view a copy of the statutory register should telephone the Licensing Section on 01376 557790 prior to their visit. The register may be inspected during normal office hours at the address outlined above.

Representations must be received by the local authority before the consultation period closes.  Representations received after the close of consultation will not be deemed valid. 

What constitutes a representation?

The licensing authority’s discretion will be engaged upon receipt of a relevant representation, which are also not frivolous or vexatious.  Relevant representations can be made in opposition to, or in support of, an application and can be made by any individual, body or business that has grounds to do so.

Relevant, vexatious and frivolous representations

A representation is “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives which are:

1)  Crime and disorder
2)  Public safety
3)  Public nuisance
4)  Protection of children from harm

For more information - Licence Act 2003 Guidance

The licensing authority will determine whether a representation is frivolous or vexatious on the basis of what might ordinarily be considered to be vexatious or frivolous. A representation may be considered to be vexatious if it appears to be intended to cause aggravation or annoyance, whether to a competitor or other person, without reasonable cause or justification.  The Council will consider the main effect of the representation, and whether any inconvenience or expense caused by it could reasonably be considered to be proportionate.

Once the Council receives your representation, you will be notified whether it has been accepted or rejected.   

Hearings

If the licensing authority decides that representations are relevant, it must hold a hearing to consider them. The need for a hearing can only be avoided with the agreement of the licensing authority, the applicant and all of the persons who made relevant representations. In cases where only ‘positive’ representations are received, without qualifications, the licensing authority will consider whether a hearing is required.  If your representation is accepted then you will notified of when and where a hearing will take place.

Disclosure of personal details of persons making representations

Where a notice of a hearing is given to an applicant, the licensing authority is

required under the Licensing Act 2003 (Hearings) Regulations 2005 to provide the applicant with copies of the relevant representations that have been made.

In exceptional circumstances, persons making representations to the licensing authority may be reluctant to do so because of fears of intimidation or violence if their personal details, such as name and address, are divulged to the applicant.

Where licensing authorities consider that the person has a genuine and well-founded fear of intimidation and may be deterred from making a representation on this basis, may in certain circumstances make an exception to the requirement to disclose personal information.

Complaints

Any person who is aggrieved by a rejection of their representations may lodge a complaint through the Council’s corporate complaints procedure. A person may also challenge the Council’s decision by way of judicial review.  For further advice with regards the Council’s complaint procedure either Contact the licensing team or follow the link to the guidance on the Councils website. http://www.braintree.gov.uk/Braintree/councildemocracy/complaints/default.htm