Occasionally, some or all of these licensing objectives can be undermined e.g. because of loud music being played causing a noise nuisance to residents, or due to a serious fight taking place at the premises. In some cases, licence holders may unwittingly commit offences such as selling alcohol to a person under 18 or by breaching licence conditions. In other cases, the offending is blatant and flagrant such as drug use in the premises.

The Licensing Act 2003 and other related legislation gives the Licensing Authority and in some cases, the courts, powers to restrict or close down poorly run licensed and unlicensed premises. The police also have powers to shut premises down. We have substantial knowledge and experience in representing owners/licensees faced with enforcement action. We have represented clients for expedited reviews, interim steps hearings, full premises licence review hearings and police closure orders before the courts. In our experience, whatever the offending may be, it is critical there is engagement with the responsible authorities.

Case Studies

• Review of premises licence following a murder on licensed premises. The Metropolitan Police brought an emergency review of the premises licence of this West London bar. Following at length meetings with the police, Philip Somarakis was able to negotiate some minor changes to the licence conditions. There was no suspension or revocation of the premises licence which could have been at risk.
• Acting for an off-licence holder in Brixton whose premises had become a focal point for drug dealing. The Metropolitan Police issued a closure notice under the Anti-Social Behaviour and Crime Act 2014, which resulted in the immediate closure of the premises – thus forcing the shop to entirely close. The police then submitted an application to Camberwell Green Magistrates Court for a closure order, which could have resulted in the shop having to remain shut for three months and triggering a review of the premises licence. Following our engagement with the police, the closure order application was adjourned pending our client lodging a minor variation to the premises licence to attach conditions and amend licensing hours. The closure order application was eventually withdrawn and this meant there was no ensuing review of the premises licence.
• Engaged by a shopkeeper in Slough who was accused of having non-duty paid cigarettes and alcohol for supply within his shop. His premises licence was reviewed by Slough Trading Standards which resulted in his licence being revoked by the Licensing Authority following a premises licence review. He instructed us to appeal that decision. We ensured that his licence and thus his shop continued to operate pending the appeal, his appeal was eventually successful.