You may be approached by a member of the council or the police at any time if you own premises or business which is required to have a license. If you become under the scrutiny of breaking the regulations set out in under your licensing, you will need legal assistance to defend you by ensuring you have a strong case.
What is A LICENSING REVIEW?
If you own a company which sell licensed products, you are required by law to hold a valid license. The license governs how your business operates and is enforced by police and the council who can issue fines if you are not following the set policies. For example, if your business sells alcohol, you are required to have a license which ensures you do not sell alcohol to anyone under 18 years old.
If the authorities become suspicious that you are not fulfilling the policies set out in the alcohol license, your business may become under review. If this is the case, the authorities can take legal action to ensure you meet the policies set out in the alcohol license agreement.
Having a litigation lawyer on your side during a licensing review will help you understand how strong your case is, and how credible the other side’s evidence is.
You should know…
1. A licensing review is an activity commenced by a regulatory authority which evaluates a business which who owns a license stays following the policies outlined in the agreement.
2. Authorites are able to revoke your license if you do not follow the policies set out.
Licensing Review information
How do I know if my business needs a license?
The two of the most applied for licenses are gambling and alcohol licenses. These licenses will most typically apply to business such as:
- Casino’s, arcades, and betting shops.
- Music venues that offer alcohol
- Clubs, pubs, and bars.
If you are confused about whether your business needs a license, you can contact the council who will provide you with the necessary information.
What does the license review aim to do?
The objectives of the review aim to:
- Protect children from harm
- Prevent the public of nuisance
- Public safety
- Prevent crime
- Improve public health.
What Happens When a Licencing Review Is Triggered?
There are three parts to the process of a license review once initiated, which includes:
The first stage of consultation is initiated when the regulatory authorities submit a complaint about your license. This process lasts for 28 days and starts once the complaint is raised. The licensing authority will then provide a committee which commonly includes the individuals with the concerns to evaluate the evidence from both parties. Finally, an outcome is reached which either entails the premises license is unchanged, revoked, modified, or restricted. If you are not successful, you can submit an appeal to the magistrate court.
What is an expedited review?
An expedited review can only be commenced by the police when a business is associated with a severe crime. This is considered as one of the most severe licensing reviews and can lead to your license being revoked.
The process of an expedited review involves an appointed committee to evaluate which measures should be put on your license. This is completed within a time frame of 48 hours and may require your license to be suspended.
After this process, you will receive an outcome within 28 days of the review on your license.
Key Benefits of Using A Licensing Review Lawyer?
Seeking a litigation lawyer who specialises in licensing reviews will help you to understand the grounds on which the responsible authorities have brought proceedings.
The main benefit of seeking a litigation lawyer is that they can minimise the impact and any financial burden on your business. Moreover, they can evaluate how strong your case is, and credible the other parties evidence is.
An expert litigation lawyer can advise you what to do when your business is under investigation. They can evaluate the evidence which has led to the investigation and potentially find inconsistencies.
4. False allegations
A litigation lawyer can set straight any false allegations which may have led to the initial review. You must seek legal assistance in the early stages as it could save you time, stress and money.
Structuring a licensing review case can be difficult when involved in a difficult licensing review matter. A lawyer can reduce the stress caused by collecting evidence and building a coherent and comprehensive case.
How a lawyer can help with licensing reviews?
You must acquire a lawyer from the get-go when your business becomes under-review as a lawyer can analyse the information which has let to the review being initiated and set straight any false allegations. By using a lawyer early on, it may prevent you from undergoing an unnecessary review.
However, if the licensing review authority revokes your license, a lawyer can make an application to the magistrate court on your behalf. If accepted by the court, a litigation lawyer can build you a strong case and give you expert representation in court.
Furthermore, a litigation lawyer can help you to understand what has led to the licensing review being commenced, and reduce the financial burden on your business.
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