Amended guidance issued under section 182 of the Licensing Act ...

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PROVISIONAL STATEMENTS12.12 To avoid confusion, it should be noted that a right of appeal only exists in respect ofthe terms of a provisional statement that is issued rather than one that is refused. Thisis because the 2003 Act does not empower a licensing authority to refuse to issue aprovisional statement. After receiving and considering relevant representations, the licensingauthority may only indicate, as part of the statement, that it would consider certain stepsto be appropriate for the promotion of the licensing objectives when, and if, an applicationwere made for a premises licence following the issuing of the provisional statement.Accordingly, the applicant or any person who has made relevant representations may appealagainst the terms of the statement issued.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200399
13. Statements of licensing policy1. INTRODUCTIONTHE LICENSING ACT 200313.1 This chapter provides guidance on the development and preparation of local statementsof licensing policy for publication by licensing authorities, the general principles that it isrecommended should underpin them, and core content to which licensing authorities arefree to add.GENERAL13.2 Section 5 of the 2003 Act requires a licensing authority to prepare and publish a statementof its licensing policy at least every five years. Such a policy must be published before theauthority carries out any function in respect of individual applications and notices madeunder the terms of the 2003 Act. During the five-year period, the policy must be kept underreview and the licensing authority may make any revisions to it as it considers appropriate,for instance in the light of feedback from the local community on whether the licensingobjectives are being met. If the licensing authority determines and publishes it policy in thisway, a new five-year period commences on the date it is published. Previously, licensingauthorities were required to determine their licensing policies for each three-year period.Licensing policies published in respect of the three-year period that began on 7 January2011 are to be treated as though they apply to a period of five years beginning at that date.13.3 Where revisions to the section 182 Guidance are made by the Secretary of State, it willbe for the licensing authority to determine whether revisions to its own licensing policystatement are appropriate.CONSULTATION ON POLICIES13.4 Before determining its policy, the licensing authority must consult the persons listed insection 5(3) of the 2003 Act. These are:• the chief officer of police for the area;• the fire and rescue authority for the area;• persons/bodies representative of local premises licence holders;• persons/bodies representative of local club premises certificate holders;• persons/bodies representative of local personal licence holders; and• persons/bodies representative of businesses and residents in its area.100 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
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LICENSING POLICIES1.11 Section 5 of
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2.10 A condition must also be capab
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• Ensuring appropriate and freque
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SAFE CAPACITIES2.28 “Safe capacit
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2.38 Measures to control light poll
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2.49 The 2003 Act provides that, wh
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alcohol to its customer, an authori
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--have given an objection notice be
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4.26 Only one DPS may be specified
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y the licence, it would be necessar
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to the statutory conditions in resp
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VEHICLES5.19 Under the 2003 Act, al
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5.29 Venues that are permanent or p
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6.7 The 2003 Act does not prevent v
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7. Temporary event notices (TENs)7.
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STANDARD AND LATE TEMPORARY EVENT N
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licence conditions on the TEN (inso
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8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • the required fee (details of fe
Page 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
Page 60 and 61: LICENSING HOURS8.62 Variations to t
Page 62 and 63: unenforceable. This would be accept
Page 64 and 65: 8.81 Licensing authorities in Wales
Page 66 and 67: 8.93 When a person applies for a pr
Page 68 and 69: to take place pending a formal appl
Page 70 and 71: 9.5 It is for the licensing authori
Page 72 and 73: may (in a case where it has applied
Page 74 and 75: HEARINGS9.27 Regulations governing
Page 76 and 77: considered on a case-by-case basis.
Page 78: CONSISTENCY WITH STEPS DESCRIBED IN
Page 81 and 82: 10.27 Licensing authorities may wis
Page 83 and 84: prohibit a number of types of drink
Page 85 and 86: 10.50 The following factors should
Page 87 and 88: alcohol included in it or not targe
Page 89 and 90: 10.70 As well as making the drinks
Page 91 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94: 11.12 If the application for a revi
Page 95 and 96: 11.22 For example, licensing author
Page 97 and 98: • for unlawful gambling; and• f
Page 99: LICENSING POLICY STATEMENTS AND SEC
Page 103 and 104: 13.12 Statements of policies should
Page 105 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110: • Police enforcement of the gener
Page 111 and 112: the 2003 Act and any licence or cer
Page 113 and 114: PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116: 14. Suspension for non-payment of f
Page 117 and 118: 15. Live music and regulated entert
Page 119 and 120: audience and are provided to, at le
Page 121 and 122: SPONTANEOUS MUSIC, SINGING AND DANC
Page 123: Published by TSO (The Stationery Of
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