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Statement of Licensing Policy (2008) WCC - Westminster City Council

Statement of Licensing Policy (2008) WCC - Westminster City Council

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Appendix 4. Reviews <strong>of</strong> PremisesLicencesWorking in partnership1. The promotion <strong>of</strong> the licensing objectives and achieving common aims relies ona partnership between licence holders, authorised persons, interested parties, thepolice, fi re authority and the council. The council will try to give licence holders earlywarning <strong>of</strong> any concerns about problems identifi ed at any licensed premises andidentify the need for improvement (revised Guidance, paragraph 11.8).Purpose <strong>of</strong> reviews2. The review process is integral to the operation <strong>of</strong> the <strong>Licensing</strong> Act 2003. TheGovernment’s intention is for a light touch regulatory regime with regard to thegranting <strong>of</strong> new licences and variations. Only when there have been representationswill the licensing authority have the discretion not to grant licences. If problems arisein connection with a premises licence, it is for the responsible authorities and theinterested parties to apply for a review <strong>of</strong> the licence. Without such representations,the <strong>Licensing</strong> Authority cannot review a licence. Proceedings under the <strong>Licensing</strong>Act 2003 for reviewing a premises licence are provided as a key protection for thecommunity, where problems associated with crime and disorder, public safety, publicnuisance or the protection <strong>of</strong> children from harm are occurring (revised Guidanceparagraph 11.1).Initiating reviews3. At any stage, following the grant <strong>of</strong> a premises licence, any <strong>of</strong> the responsibleauthorities or any interested party, such as a resident living in the vicinity <strong>of</strong> thepremises, may ask the council to review the licence because <strong>of</strong> a matter arising atthe premises in connection with any <strong>of</strong> the four licensing objectives. The police cantake action to close premises for up to 24 hours on grounds <strong>of</strong> disorder and noisenuisance under the terms <strong>of</strong> the <strong>Licensing</strong> Act 2003, and the powers for the police toapply for an expedited review <strong>of</strong> a premises licence where the premises selling alcoholare associated with serious crime and disorder. There are powers under Sections40 and 41 <strong>of</strong> the Anti Social Behaviour Act 2003 for Environment Health <strong>of</strong>fi cers toclose premises for 24 hours on grounds that noise from licensed premises is causing101

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