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

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and targeted inspection (in line with the recommendations of the Hampton review) shouldprevail and inspections should not be undertaken routinely but when and if they are judgednecessary. This should ensure that resources are more effectively concentrated onproblem premises.THE NEED FOR LICENSED PREMISES13.18 There can be confusion about the difference between the “need” for premises, and the“cumulative impact” of premises on the licensing objectives, for example, on crime anddisorder. “Need” concerns the commercial demand for another pub or restaurant or hotel,and is a matter for the planning authority and for the market. This is not a matter fora licensing authority in discharging its licensing functions or for its statement oflicensing policy.THE CUMULATIVE IMPACT OF A CONCENTRATION OF LICENSED PREMISESWHAT IS CUMULATIVE IMPACT?13.19 “Cumulative impact” is not mentioned specifically in the 2003 Act. In this Guidance, itmeans the potential impact on the promotion of the licensing objectives of a significantnumber of licensed premises concentrated in one area. The cumulative impact of licensedpremises on the promotion of the licensing objectives is a proper matter for a licensingauthority to consider in developing its licensing policy statement.13.20 In some areas, where the number, type or density of premises selling alcohol is high orexceptional, serious problems of nuisance and disorder may be arising or have begun toarise outside or some distance from those premises. Such problems generally occur as aresult of large numbers of drinkers being concentrated in an area, for example when leavingpremises at peak times or when queuing at fast food outlets or for public transport.13.21 Queuing in itself may lead to conflict, disorder and anti social behaviour. Moreover, largeconcentrations of people may also increase the incidence of other criminal activities suchas drug dealing, pick pocketing and street robbery. Local services such as public transportservices, public toilet provision and street cleaning may not be able to meet the demandposed by such concentrations of drinkers leading to issues such as street fouling, littering,traffic and public nuisance caused by concentrations of people who cannot be effectivelydispersed quickly.13.22 Variable licensing hours may facilitate a more gradual dispersal of customers frompremises. However, in some cases, the impact on surrounding areas of the behaviour of thecustomers of all premises taken together will still be greater than the impact of customersof individual premises. These conditions are more likely to arise in town and city centres,but may also arise in other urban centres and the suburbs, for example on smaller highstreets with high concentrations of licensed premises.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003103
EVIDENCE OF CUMULATIVE IMPACT13.23 There should be an evidential basis for the decision to include a special policy withinthe statement of licensing policy. Local Community Safety Partnerships and responsibleauthorities, such as the police and the local authority exercising environmental healthfunctions, may hold relevant information which would inform licensing authorities whenestablishing the evidence base for introducing a special policy relating to cumulative impactinto their licensing policy statement. The open meetings recommended in Chapter 1 of thisGuidance should also assist licensing authority decision making. Information which licensingauthorities may be able to draw on to evidence the cumulative impact of licensed premiseson the promotion of the licensing objectives includes:• Local crime and disorder statistics, including statistics on specific types of crime and crimehotspots;• Statistics on local anti-social behaviour offences;• Health-related statistics such as alcohol-related emergency attendances and hospitaladmissions;• Environmental health complaints, particularly in relation to litter and noise;• Complaints recorded by the local authority, which may include complaints raised by localresidents or residents’ associations;• Residents’ questionnaires;• Evidence from local councillors; and• Evidence obtained through local consultation.13.24 The licensing authority may consider this evidence, alongside its own evidence as to theimpact of licensable activities within its area, and consider in particular the times at whichlicensable activities are carried on. Information which may inform consideration of theseissues includes:• Trends in licence applications, particularly trends in applications by types of premises andterminal hours;• Changes in terminal hours of premises;• Premises capacities at different times of night and the expected concentrations of drinkerswho will be expected to be leaving premises at different times.13.25 Where existing information is insufficient or not readily available, but the licensing authoritybelieves there are problems in its area resulting from the cumulative impact of licensed104 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
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Executive and local authority healt
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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 and 102: 13. Statements of licensing policy1
Page 103: 13.12 Statements of policies should
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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