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

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hours, without giving individual consideration to the merits of each application.13.43 Statements of licensing policy should set out the licensing authority’s approach regardinglicensed opening hours and the strategy it considers appropriate for the promotion of thelicensing objectives in its area. The statement of licensing policy should emphasise theconsideration which will be given to the individual merits of an application. The Governmentrecognises that licensed premises make an important contribution to our local communities,and has given councils a range of tools to effectively manage the different pressures thatlicensed premises can bring. In determining appropriate strategies around licensed openinghours, licensing authorities cannot seek to restrict the activities of licensed premises whereit is not appropriate for the promotion of the licensing objectives to do so.13.44 It is an offence under the 2003 Act to:• permit children under the age of 16 who are not accompanied by an adult to be present onpremises being used exclusively or primarily for supply of alcohol for consumption on thosepremises under the authorisation of a premises licence, club premises certificate or wherethat activity is carried on under the authority of a TEN.• to permit the presence of children under 16 who are not accompanied by an adult betweenmidnight and 5am at other premises supplying alcohol for consumption on the premisesunder the authority of any premises licence, club premises certificate or TEN.CHILDREN13.45 Outside of these hours, the offence does not prevent the admission of unaccompaniedchildren under 16 to the wide variety of premises where the consumption of alcohol is notthe exclusive or primary activity. This does not mean that children should automatically beadmitted to such premises and the following paragraphs are therefore of great importancenotwithstanding the offences under the 2003 Act. The expression ‘exclusively orprimarily’ should be given its ordinary and natural meaning in the context of the particularcircumstances. Where it is not clear that the business is predominately for the sale andconsumption of alcohol, operators and enforcement agencies should seek to clarify theposition and consult where appropriate before enforcement action is taken.13.46 Where it is not clear that the business is predominately for the sale and consumption ofalcohol, operators and enforcement agencies should seek to clarify the position beforeenforcement action is taken. Mixed businesses may be more difficult to classify and in suchcases operators and enforcement agencies should consult where appropriate about theirrespective interpretations of the activities taking place on the premises before any movesare taken which might lead to prosecution.13.47 The 2003 Act does not automatically permit unaccompanied children under the age of 18to have free access to premises where the consumption of alcohol is not the exclusiveor primary activity or to the same premises even if they are accompanied, or to premiseswhere the consumption of alcohol is not involved. Subject only to the provisions ofAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003109
the 2003 Act and any licence or certificate conditions, admission will always be at thediscretion of those managing the premises. The 2003 Act includes no presumption ofgiving children access but equally, no presumption of preventing their access to licensedpremises. Each application and the circumstances of individual premises must beconsidered on their own merits.13.48 A statement of licensing policy should not seek to limit the access of children to anypremises unless it is appropriate for the prevention of physical, moral or psychological harmto them. It may not be possible for licensing policy statements to anticipate every issueof concern that could arise in respect of children in relation to individual premises andtherefore the individual merits of each application should be considered in each case.13.49 A statement of policy should highlight areas that will give rise to particular concern inrespect of children. For example, these should include premises:• where entertainment or services of an adult or sexual nature are commonly provided;• where there have been convictions of members of the current staff at the premises forserving alcohol to minors or with a reputation for underage drinking;• with a known association of drug taking or dealing;• where there is a strong element of gambling on the premises (but not, for example, thesimple presence of a small number of cash prize gaming machines); and• where the supply of alcohol for consumption on the premises is the exclusive or primarypurpose of the services provided at the premises.13.50 In the context of paragraph 13.49 above, it is not possible to give an exhaustive listof what amounts to entertainment or services of an adult or sexual nature. Applicants,responsible authorities and licensing authorities will need to consider this point carefully. Asa guide this would generally include topless bar staff, striptease, lap-, table- or pole-dancing,performances involving feigned violence or horrific incidents, feigned or actual sexual actsor fetishism, or entertainment involving strong and offensive language.13.51 A statement of licensing policy should make clear the range of alternatives which may beconsidered for limiting the access of children where that is appropriate for the preventionof harm to children. Conditions which may be relevant in this respect are outlined inparagraph 2.46.13.52 Statements of policy should also make clear that conditions requiring the admission ofchildren to any premises cannot be attached to licences or certificates. Where no licensingrestriction is appropriate, this should remain a matter for the discretion of the individuallicence holder, club or premises user.110 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
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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 and 108: EFFECT OF SPECIAL POLICIES13.29 The
Page 109: • Police enforcement of the gener
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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