Part 7: Alcohol licensing Section 136: Interim steps pending review: representations
When a licensing authority considers an application for a summary review, it may take interim steps without first giving the holder of the premises licence an opportunity to make representations. This is because in instances of serious crime and serious disorder it may be necessary to take immediate action in order to protect the public. Section 53B of the 2003 Act allows the licence holder to make representations after the interim steps have been taken. It requires the licensing authority to hold a hearing to consider those representations within 48 hours of receipt. The 2003 Act does not limit the number of times that a premises licence holder may make representations, with the result that the licensing authority must hold a hearing each time that relevant representations are received.
	This section amends section 53B so that after the licensing authority has held a hearing to consider the interim steps, the premises licence holder may only make further representations if there has been a material change in circumstances since that hearing. For example, if the licensee has employed additional door staff or increased security at the premises this could mean that a restriction on the hours during which alcohol may be sold may no longer be necessary. There may also be changes in circumstance, for example if the summary review application has arisen from gang-related violence or drug offences on the premises and the individuals involved are being dealt with by the criminal justice system.