Statement of Licensing Policy - Licensing Act 2003 - 7 January 2026 to 6 January 2031

Complaints about licensed premises

13.1   The Licensing Authority will investigate complaints about both licensed premises where licensable activities are taking place but not in accordance with the relevant authorisation; and unlicensed premises where licensable activities are taking place without authorisation.

13.2   Complainants will usually, in the first instance, be encouraged to raise the complaint directly with the licensee or business concerned, as this can often be the quickest and most effective way for the person carrying on the licensable activity to understand the negative impact of the activity.

13.3   Where appropriate, the Licensing Authority will initially endeavour to seek a resolution through informal means.

13.4   Where appropriate, the Licensing Authority may pass any complaint on for investigation by any other statutory agency under whose enforcement responsibility the complaint falls.

Failing to comply with the Licensing Act

13.5     The council delivers a wide range of enforcement services, aimed at safeguarding the environment and the community and at providing a 'level playing field' on which businesses can fairly trade. The administration and enforcement of the licensing regime is one of these services. The BRDO has published a Regulators' Code, which the council complies with. The council will base its enforcement activities around the principles of consistency, transparency and proportionality.

13.6   The enforcement policy proposes that a graduated response is taken where offences against licensing legislation are found or where licence conditions have been contravened. An isolated administrative offence may be dealt with, for example, by way of a written warning, whilst more serious offences which have either been committed over a period of time or which jeopardise public safety may result in a referral for prosecution.

13.7   The council will seek to work actively with the Police, Fire and Rescue Service, Trading Standards and any other relevant authority to enforce the licensing legislation. This may include carrying out test purchases, inspections of licensed premises, investigating complaints about licensed premises and investigating allegations of unlicensed premises. Such a partnership approach is intended to prevent duplication of effort, maximise the potential for controlling crime and disorder at premises, and to ensure compliance when relevant conditions are appropriate. Gateshead Council has approved the Northumbria Police Joint Enforcement Protocol, which will encourage a consistent approach to enforcement throughout the Licensing Authorities within the Northumbria Police area.

13.8   Inspections will take place at the discretion of the council and its partner agencies and will be concentrated on areas of need. A light-touch inspection regime will be employed for well-managed and maintained premises, with a targeted and graduated inspection and enforcement regime for problem and high-risk premises.

13.9   Where possible and appropriate, the Licensing Authority and its partner agencies will give early warning to licence holders of any concerns about problems occurring at premises associated with the licensing objectives.

13.10  The Licensing Authority will carry out its responsibilities for enforcement so as to promote the licensing objectives.

Reviews

13.11  Interested parties and responsible authorities may seek a review of a premises licence or club premises certificate if they believe that the current operation under the licence or certificate is harmful to one or more of the licensing objectives.

13.12  Where an application to review a licence or certificate is received by the Licensing Authority, it should be accompanied by any relevant supporting information, documentation, and so on. If the application is relevant, and (if made by an interested party) is not frivolous, vexatious or repetitive, a hearing before the Licensing Authority's Sub Committee will be held. Where appropriate the parties may be able to hold discussions with a view to reaching an agreement on steps that can be taken to improve the position.

13.13   When a hearing before the Sub Committee takes place, the Sub Committee will consider all relevant information presented to it, and decide what course of action is appropriate for the promotion of the licensing objectives. There are a range of responses that are open to the Sub Committee on a review application. The Sub Committee may:

• take no further action
• add or modify conditions on the licence or certificate
• exclude a licensable activity from the licence or certificate
• remove the designated premises supervisor
• suspend the licence or certificate for a period not exceeding three months
• revoke the licence or certificate

13.14  The review process is intended to enable the Licensing Authority to take appropriate timely measures to promote the licensing objectives in respect of individual premises. A review can take place even if it would be disproportionate to revoke a licence or certificate, as some lesser measure can be taken, as above.

13.15  Also, because the review process is intended to address the future conduct of the licence holder, a review can take place regardless of any other measures that may be open to the interested party or responsible body. For instance, if a licence holder is found to have sold age-restricted products to a minor, it is not necessary for a prosecution (or indeed a successful prosecution) to take place in respect of that sale before a review is brought, as the review would consider the steps appropriate to prevent future underage sales.

Summary reviews

13.16 The Police may request a summary review in serious cases of crime and disorder, and, in which case, within 48 hours of the application the Licensing Authority will consider whether any interim steps are required pending completion of the review process. This may include immediate suspension of the relevant licence.

Failure to pay annual fees

13.17  Once granted, holders of premises licences and club premises certificates must pay an annual fee to the Licensing Authority each year on the anniversary of the date that the licence was first granted. The fee is directly linked to the nondomestic rateable value of the premises.

13.18  It is the sole responsibility of the licence holder to ensure the annual licence fee is paid on time, with no obligation on the Licensing Authority to ensure they are reminded to do so. Therefore it is essential that all licence holders know when their annual fee is due.

13.19  The Act requires the Licensing Authority to suspend a premises licence or club premises certificate if the annual fee is not paid when it is due. If the annual fee has not been paid by the renewal date, the licensing authority will write to the licence holder or club premises certificate holder and advise of the exact date that the suspension will come into effect. A suspension ceases to have effect on the day on which the licensing authority receives payment of the outstanding fee from the licence or certificate holder.