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

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13.5 The views of all these persons/bodies should be given appropriate weight when the policyis determined. It is recognised that in some areas, it may be difficult to identify persons orbodies that represent all parts of industry affected by the provisions of the 2003 Act, butlicensing authorities must make reasonable efforts to do so. Licensing authorities shouldnote that the terms of the 2003 Act do not prevent them consulting other bodies or persons.13.6 Subject to the statutory requirements, it is for each licensing authority to determine theextent of the consultation it should undertake, and whether any particular person or bodyis representative of the groups described in the 2003 Act. 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 of 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 whether 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 of the policy, such as a proposal to introduce a cumulativeimpact policy).13.8 When undertaking consultation exercises, licensing authorities should have regard to costand time. Fee levels are intended to provide full cost recovery of all licensing functionsincluding the preparation and publication of a statement of licensing policy, but thiswill be based on the statutory requirements. Where licensing authorities exceed theserequirements, they will have to absorb those costs themselves.FUNDAMENTAL PRINCIPLES13.9 All statements of policy should begin by stating the four licensing objectives, which thelicensing policy should promote. In determining its policy, a licensing authority must haveregard to this Guidance and give appropriate weight to the views of consultees.13.10 While statements of policy may set out a general approach to making licensing decisions,they must not ignore or be inconsistent with provisions in the 2003 Act. For example, astatement of policy must not undermine the right of any person to apply under the terms ofthe 2003 Act for a variety of permissions and to have any such application considered onits individual merits.13.11 Similarly, no statement of policy should override the right of any person to makerepresentations on an application or to seek a review of a licence or certificate whereprovision has been made for them to do so in the 2003 Act.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003101
13.12 Statements of policies should make clear that:• licensing is about regulating licensable activities on licensed premises, by qualifying clubsand at temporary events within the terms of the 2003 Act; and• conditions attached to various authorisations will be focused on matters which are withinthe control of individual licence holders and others with relevant authorisations, i.e. thepremises and its vicinity.13.13 A statement of policy should also make clear that licensing law is not the primarymechanism for the general control of nuisance and anti-social behaviour by individualsonce they are away from the licensed premises and, therefore, beyond the direct control ofthe individual, club or business holding the licence, certificate or authorisation concerned.Nonetheless, it is a key aspect of such control and licensing law will always be part of aholistic approach to the management of the evening and night-time economy in town andcity centres.DUPLICATION13.14 Statements of licensing policy should include a firm commitment to avoid attachingconditions that duplicate other regulatory regimes as far as possible. Chapter 10 providesfurther detail on this issue.STANDARDISED CONDITIONS13.15 Statements of policy should also make it clear that a key concept underscoring the 2003Act is for conditions to be tailored to the specific premises concerned. This effectively rulesout standardised conditions, as explained in paragraph 10.14 of this Guidance. However, itis acceptable for licensing authorities to draw attention in their statements of policy to poolsof conditions which applicants and others may draw on as appropriate.ENFORCEMENT13.16 The Government strongly recommends that licensing authorities should establish and setout joint-enforcement protocols with the local police and the other enforcing authorities anddescribe them in their statement of policy. This will clarify the division of responsibilitiesbetween licence holders and applicants, and assists enforcement bodies to deployresources more efficiently.13.17 In particular, these protocols should also provide for the targeting of agreed problem andhigh risk premises which require greater attention, while providing a lighter touch for lowrisk premises which are well run. In some local authority areas, the limited validity of publicentertainment, theatre, cinema, night café and late night refreshment house licences hasin the past led to a culture of annual inspections regardless of whether the assessed risksmake such inspections necessary. The 2003 Act does not require inspections to takeplace save at the discretion of those charged with this role. Principles of risk assessment102 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
Page 11 and 12:
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 and 100: LICENSING POLICY STATEMENTS AND SEC
Page 101: 13. Statements of licensing policy1
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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