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

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13.35 Special policies should never be used as a ground for revoking an existing licence orcertificate when representations are received about problems with those premises. The“cumulative impact” on the promotion of the licensing objectives of a concentration ofmultiple licensed premises should only give rise to a relevant representation when anapplication for the grant or variation of a licence or certificate is being considered. A reviewmust relate specifically to individual premises, and by its nature, “cumulative impact”relates to the effect of a concentration of many premises. Identifying individual premises inthe context of a review would inevitably be arbitrary.13.36 Special policies can also not be used to justify rejecting applications to vary an existinglicence or certificate except where those modifications are directly relevant to the policy(as would be the case with an application to vary a licence with a view to increasingthe capacity limits of the premises) and are strictly appropriate for the promotion of thelicensing objectives.13.37 Every application should still be considered individually. Therefore, special policies must notrestrict such consideration by imposing quotas – based on either the number of premisesor the capacity of those premises. Quotas that indirectly have the effect of predeterminingthe outcome of any application should not be used because they have no regard to theindividual characteristics of the premises concerned. Public houses, nightclubs, restaurants,hotels, theatres, concert halls and cinemas all could sell alcohol, serve food and provideentertainment but with contrasting styles and characteristics. Proper regard should begiven to those differences and the differing impact they will have on the promotion of thelicensing objectives.OTHER MECHANISMS FOR CONTROLLING CUMULATIVE IMPACT13.38 Once away from the licensed premises, a minority of consumers will behave badlyand unlawfully. To enable the general public to appreciate the breadth of the strategyfor addressing these problems, statements of policy should also indicate the othermechanisms both within and outside the licensing regime that are available for addressingsuch issues. For example:• Planning controls.• Positive measures to create a safe and clean town centre environment in partnership withlocal businesses, transport operators and other departments of the local authority.• The provision of CCTV surveillance in town centres, taxi ranks, provision of publicconveniences open late at night, street cleaning and litter patrols.• Powers of local authorities to designate parts of the local authority area as places wherealcohol may not be consumed publicly.• The confiscation of alcohol from adults and children in designated areas.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003107
• Police enforcement of the general law concerning disorder and anti-social behaviour,including the issuing of fixed penalty notices.• Prosecution for the offence of selling alcohol to a person who is drunk (or allowing sucha sale).• Police powers to close down instantly for up to 48 hours any licensed premises or premisesin respect of which a TEN has effect on grounds of disorder, the likelihood of disorder, ornoise emanating from the premises causing a nuisance.• The power of the police, other responsible authorities or other persons to seek a review ofa licence or certificate.DESIGNATED PUBLIC PLACES ORDERS13.39 Where a local authority occupies or manages premises, or where premises are managed onits behalf, and it licences that place for alcohol sales, the Designated Public Place Order(DPPO) will not apply when the licence is being used for alcohol sales (or 30 minutes after),but the place will be subject to the DPPO at all other times 6 . This allows local authoritiesto promote community events whilst still using DPPOs to tackle the problems of anti-socialdrinking. Further guidance about DPPOs is available on the Home Office website.13.40 It should be noted that when one part of a local authority seeks a premises licence of thiskind from the licensing authority, the licensing committee and its officers must considerthe matter from an entirely neutral standpoint. If relevant representations are made, forexample, by local residents or the police, they must be considered fairly by the committee.Anyone making a representation who is genuinely aggrieved by a positive decision in favourof a local authority application by the licensing authority would be entitled to appeal to themagistrates’ court and thereby receive an independent review of any decision.13.41 It is recommended that licensing authorities should publish contact points in theirstatements of licensing policy where members of public can obtain advice about whetheror not activities should be licensed.LICENSING HOURS13.42 With regard to licensing hours, the Government acknowledges that different licensingapproaches may be appropriate for the promotion of the licensing objectives in differentareas. The 2003 Act gives the licensing authority power to make decisions regardinglicensed opening hours as part of the implementation of its licensing policy statement andlicensing authorities are best placed to make such decisions based on their local knowledgeand in consultation with other responsible authorities. However, licensing authorities mustalways consider each application and must not impose predetermined licensed opening6 Licensed premises in general are exempt from the effect of a DPPO.108 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
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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 and 106: EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107: EFFECT OF SPECIAL POLICIES13.29 The
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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