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

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premises, it can consider conducting or commissioning a specific study to assess theposition. This may involve conducting observations of the night-time economy to assess theextent of incidents relating to the promotion of the licensing objectives, such as incidencesof criminal activity and anti-social behaviour, examples of public nuisance, specific issuessuch as underage drinking and the key times and locations at which these problemsare occurring.13.26 In order to identify the areas in which problems are occurring, information about specificincidents can be mapped and, where possible, a time analysis undertaken to identify thekey areas and times at which there are specific issues.13.27 After considering the available evidence and consulting those individuals and organisationslisted in section 5(3) of the 2003 Act and any others, a licensing authority may be satisfiedthat it is appropriate to include an approach to cumulative impact in its licensing policystatement. The special policy should also be considered alongside local planning policy andother factors which may assist in mitigating the cumulative impact of licensed premises,as set out in paragraph 13.38, the licensing authority decides to introduce an approachto cumulative impact, it may decide it is appropriate to indicate in its statement that it isadopting a special policy whereby, when it receives relevant representations, there is arebuttable presumption that for example applications or variation applications that seek toextend the sale or apply of alcohol are refused or subject to certain limitations.(See paragraphs below).13.28 The steps to be followed in considering whether to adopt a special policy within thestatement of licensing policy are summarised below.STEPS TO A SPECIAL POLICY• Identify concern about crime and disorder; public safety; public nuisance; or protection ofchildren from harm.• Consider whether there is good evidence that crime and disorder or nuisance are occurring,or whether there are activities which pose a threat to public safety or the protection ofchildren from harm.• If such problems are occurring, identify whether these problems are being caused by thecustomers of licensed premises, or that the risk of cumulative impact is imminent.• Identify the boundaries of the area where problems are occurring (this can involvemapping where the problems occur and identifying specific streets or localities wheresuch problems arise).• Consult with those specified in section 5(3) of the 2003 Act, and subject to the outcome of theconsultation, include and publish details of the special policy in the licensing policy statement.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003105
EFFECT OF SPECIAL POLICIES13.29 The effect of adopting a special policy of this kind in the licensing policy statement is tocreate a rebuttable presumption that applications for the grant or variation of premiseslicences or club premises certificates which are likely to add to the existing cumulativeimpact will normally be refused or subject to certain limitations, following relevantrepresentations, unless the applicant can demonstrate in the operating schedule that therewill be no negative cumulative impact on one or more of the licensing objectives. Applicantsshould give consideration to potential cumulative impact issues when setting out the stepsthey will take to promote the licensing objectives in their application.13.30 However, a special policy must stress that this presumption does not relieve responsibleauthorities (or any other persons) of the need to make a relevant representation, referringto information which had been before the licensing authority when it developed itsstatement of licensing policy, before a licensing authority may lawfully consider giving effectto its special policy. If there are no representations, the licensing authority must grant theapplication in terms that are consistent with the operating schedule submitted.13.31 Once adopted, special policies should be reviewed regularly to assess whether they areneeded any longer or need expanding.13.32 The absence of a special policy does not prevent any responsible authority or other personmaking representations on an application for the grant or variation of a licence on thegrounds that the premises will give rise to a negative cumulative impact on one or more ofthe licensing objectives.13.33 Special policies may apply to the impact of a concentration of licensed premises sellingalcohol for consumption on or off the premises. When establishing its evidence base forintroducing a special policy, licensing authorities should be considering the contribution tocumulative impact made by different types of premises within its area, in order to determinethe appropriateness of including different types of licensed premises within the special policy.LIMITATIONS ON SPECIAL POLICIES RELATING TO CUMULATIVE IMPACT13.34 A special policy should never be absolute. Statements of licensing policy should alwaysallow for the circumstances of each application to be considered properly and forapplications that are unlikely to add to the cumulative impact on the licensing objectives tobe granted. After receiving relevant representations in relation to a new application for or avariation of a licence or certificate, the licensing authority must consider whether it wouldbe justified in departing from its special policy in the light of the individual circumstances ofthe case. The impact can be expected to be different for premises with different styles andcharacteristics. For example, while a large nightclub or high capacity public house might addto problems of cumulative impact, a small restaurant or a theatre may not. If the licensingauthority decides that an application should be refused, it will still need to show that thegrant of the application would undermine the promotion of one of the licensing objectivesand that appropriate conditions would be ineffective in preventing the problems involved.106 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
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• 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 and 104: 13.12 Statements of policies should
Page 105: EVIDENCE OF CUMULATIVE IMPACT13.23
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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Amended guidance issued under section 182 of the Licensing Act ...

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