Breach of licence conditions
Running any kind of business that requires a licence can be challenging and, despite your best efforts, sometimes things can go wrong.
Your licence may be challenged due to noise or litter nuisance, a failed trading standards test purchase, alleged breaches of your licence conditions, or following repeated reports of incidents to the local authority.
In some situations, enforcement action is likely to be taken by the local licensing authority, which could result in a formal review application being lodged.
In these instances it is vital that you speak to a licensing solicitor early on as it may be possible that the review can be dispensed with, without going before a licensing committee. This can be done by negotiating the inclusion of additional conditions in the Premises Licence.
In the event a licensing committee hearing is unavoidable, our licensing team can represent you to put your case forward the committee, and achieve the best possible outcome.
The ultimate sanction for breaching licensing conditions is a prosecution.
A prosecution carries with it the possibility of a fine (even a prison sentence for some offences, albeit this is rare). This also means a criminal record for the designated premises supervisor and adverse publicity for a business.
Please contact us at the earliest stage possible if you are facing a prosecution as early decisive action gives the best chance of success.
Usually the first you will know of an intended prosecution is that you are invited to attend an interview at your local police station, under caution.
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Award winning legal advice
We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.