13.07.2015 Views

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

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

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13.5 The views <strong>of</strong> all <strong>the</strong>se persons/bodies should be given appropriate weight when <strong>the</strong> policyis determined. It is recognised that in some areas, it may be difficult to identify persons orbodies that represent all parts <strong>of</strong> industry affected by <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> 2003 <strong>Act</strong>, butlicensing authorities must make reasonable efforts to do so. <strong>Licensing</strong> authorities shouldnote that <strong>the</strong> terms <strong>of</strong> <strong>the</strong> 2003 <strong>Act</strong> do not prevent <strong>the</strong>m consulting o<strong>the</strong>r bodies or persons.13.6 Subject to <strong>the</strong> statutory requirements, it is for each licensing authority to determine <strong>the</strong>extent <strong>of</strong> <strong>the</strong> consultation it should <strong>under</strong>take, and whe<strong>the</strong>r any particular person or bodyis representative <strong>of</strong> <strong>the</strong> groups described in <strong>the</strong> 2003 <strong>Act</strong>. Whilst it is clearly good practiceto consult widely, this may not always be necessary or appropriate. For example, wherea licensing authority has recently carried out a comprehensive consultation in relation to arevision to its policy made within five years <strong>of</strong> a full revision to it. As such, it may decide ona simple consultation with those persons listed.13.7 However, licensing authorities should consider very carefully whe<strong>the</strong>r a full consultationis appropriate as a limited consultation may not allow all persons sufficient opportunityto comment on and influence local policy (for example, where an earlier consultation waslimited to a particular part <strong>of</strong> <strong>the</strong> policy, such as a proposal to introduce a cumulativeimpact policy).13.8 When <strong>under</strong>taking consultation exercises, licensing authorities should have regard to costand time. Fee levels are intended to provide full cost recovery <strong>of</strong> all licensing functionsincluding <strong>the</strong> preparation and publication <strong>of</strong> a statement <strong>of</strong> licensing policy, but thiswill be based on <strong>the</strong> statutory requirements. Where licensing authorities exceed <strong>the</strong>serequirements, <strong>the</strong>y will have to absorb those costs <strong>the</strong>mselves.FUNDAMENTAL PRINCIPLES13.9 All statements <strong>of</strong> policy should begin by stating <strong>the</strong> four licensing objectives, which <strong>the</strong>licensing policy should promote. In determining its policy, a licensing authority must haveregard to this Guidance and give appropriate weight to <strong>the</strong> views <strong>of</strong> consultees.13.10 While statements <strong>of</strong> policy may set out a general approach to making licensing decisions,<strong>the</strong>y must not ignore or be inconsistent with provisions in <strong>the</strong> 2003 <strong>Act</strong>. For example, astatement <strong>of</strong> policy must not <strong>under</strong>mine <strong>the</strong> right <strong>of</strong> any person to apply <strong>under</strong> <strong>the</strong> terms <strong>of</strong><strong>the</strong> 2003 <strong>Act</strong> for a variety <strong>of</strong> permissions and to have any such application considered onits individual merits.13.11 Similarly, no statement <strong>of</strong> policy should override <strong>the</strong> right <strong>of</strong> any person to makerepresentations on an application or to seek a review <strong>of</strong> a licence or certificate whereprovision has been made for <strong>the</strong>m to do so in <strong>the</strong> 2003 <strong>Act</strong>.AMENDED GUIDANCE ISSUED UNDER SECTION <strong>182</strong> OF THE LICENSING ACT 2003101

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