Interested Parties

Interested Parties can make representations about licence application on matters which are relevant to the licensing objectives, or apply for a review of an existing licence.  These parties are defined in the Gambling Act 2005 as follows:
 
“For the purposes of this Part a person is an Interested Party in relation to an application for or in respect of a premises licence if, in the opinion of the licensing authority which issues the licence or to which the applications is made, the person -

  • lives sufficiently close to the premises to be likely to be affected by the authorised activities,
  • has business interests that might be affected by the authorised activities, or
  • represents persons who satisfy paragraph (a) or (b)”.

The Licensing Authority is required under the Gambling Act 2005 (Licensing Authority Policy Statement)(England and Wales) Regulations to state the principles it will apply in exercising its powers under the Gambling Act 2005 to determine whether a person is an Interested Party.  The principles are: 

Each case will be decided upon its merits.  This authority will not apply a rigid rule to its decision making.  It will take into account the following when determining what is “sufficiently close to the premises”:

  • The size of the premises
  • The nature of activities taking place on the premises
  • The distance of the premises from the location of the person making the representation
  • The potential impact of the premises
  • The circumstances of the complainant; and
  • Other relevant factors.

The Licensing Authority will also have regard to the examples of considerations provided in the Gambling Commission’s Guidance to Licensing Authorities.

It will also consider the Gambling Commission's Guidance that "has business interests" should be given the widest possible interpretation and include partnerships, charities, faith groups and medical practices.  In determining whether a person has a business interest which could be affected the Licensing Authority will consider:

  • The size of the premises
  • The catchment area of the premises
  • Whether the person making the representation has business interests in that catchment area that might be affected.

Existing Gambling businesses are interested parties and entitled to make representation.  Any representations made by existing gambling businesses must relate to the licensing objectives in order for them to be considered relevant.  Demand and competition issues will not be considered as relevant representations.  The Licensing Authority does not accept that a person automatically satisfies the criteria because they operate a business of similar type to that of the applicant.

Interested Parties can be persons who are democratically elected such as councillors and MP’s.  No specific evidence of being asked to represent an interested person will be required as long as the Councillor / MP represents the ward likely to be affected.  Other than these however, this authority will generally require written evidence that a person/body (e.g. an advocate/relative) ‘represents’ someone who either lives sufficiently close to the premises to be likely to be affected by the authorised activities and/or has business interests that might be affected by the authorised activities.  A letter from one of these persons requesting the representation is sufficient.

If individuals wish to approach councillors to ask them to represent their views then care should be taken that the councillors are not part of the Licensing Committee dealing with the licence application. If there are any doubts then please contact the licensing department.

Page last updated: 
7 November 2014
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