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

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13.53 Venue operators seeking premises licences and club premises certificates should considerincluding such prohibitions and restrictions in their operating schedules particularly wheretheir own risk assessments have determined that the presence of children is undesirable orinappropriate.RESPONSIBLE AUTHORITY AND CHILDREN13.54 A statement of licensing policy should indicate which body the licensing authority judgesto be competent to act as the responsible authority in relation to the protection ofchildren from harm. This may be the local authority social services department, the LocalSafeguarding Children Board or other competent body as agreed locally. It would be practicaland useful for statements of licensing policy to include descriptions of the responsibleauthorities in any area and appropriate contact details.CHILDREN AND CINEMAS13.55 The statement of policy should make clear that in the case of premises giving filmexhibitions, the licensing authority will expect licence holders or clubs to include in theiroperating schedules arrangements for restricting children from viewing age-restricted filmsclassified according to the recommendations of the British Board of Film Classification orthe licensing authority itself (see paragraph 10.73 to 10.75).INTEGRATING STRATEGIES13.56 It is recommended that statements of licensing policy should provide clear indications ofhow the licensing authority will secure the proper integration of its licensing policy withlocal crime prevention, planning, transport, tourism, equality schemes, cultural strategiesand any other plans introduced for the management of town centres and the night-timeeconomy. Many of these strategies are not directly related to the promotion of the licensingobjectives, but, indirectly, impact upon them. Co-ordination and integration of such policies,strategies and initiatives are therefore important.PLANNING AND BUILDING CONTROL13.57 The statement of licensing policy should indicate that planning permission, buildingcontrol approval and licensing regimes will be properly separated to avoid duplication andinefficiency. The planning and licensing regimes involve consideration of different (albeitrelated) matters. Licensing committees are not bound by decisions made by a planningcommittee, and vice versa.13.58 There are circumstances when as a condition of planning permission, a terminal hourhas been set for the use of premises for commercial purposes. Where these hours aredifferent to the licensing hours, the applicant must observe the earlier closing time.Premises operating in breach of their planning permission would be liable to prosecutionunder planning law. Proper integration should be assured by licensing committees, whereappropriate, providing regular reports to the planning committee.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003111
PROMOTION OF EQUALITY13.59 A statement of licensing policy should recognise that the Equality Act 2010 places alegal obligation on public authorities to have due regard to the need to eliminate unlawfuldiscrimination, harassment and victimisation; to advance equality of opportunity; andto foster good relations, between persons with different protected characteristics. Theprotected characteristics are age, disability, gender reassignment, pregnancy and maternity,race, religion or belief, sex, and sexual orientation.13.60 Public authorities are required to publish information at least annually to demonstratetheir compliance with the Equality Duty. The statement of licensing policy should referto this legislation, and explain how the Equality Duty has been complied with. Furtherguidance is available from Government Equalities Office and the Equality and Human RightsCommission.ADMINISTRATION, EXERCISE AND DELEGATION OF FUNCTIONS13.61 The 2003 Act provides that the functions of the licensing authority (including itsdeterminations) are to be taken or carried out by its licensing committee (except thoserelating to the making of a statement of licensing policy or where another of its committeeshas the matter referred to it). The licensing committee may delegate these functions tosub-committees or in appropriate cases, to officials supporting the licensing authority.Where licensing functions are not automatically transferred to licensing committees,the functions must be carried out by the licensing authority as a whole and not by itsexecutive. Statements of licensing policy should indicate how the licensing authority intendsto approach its various functions. Many of the decisions and functions will be purelyadministrative in nature and statements of licensing policy should underline the principleof delegation in the interests of speed, efficiency and cost-effectiveness.13.62 The 2003 Act does not prevent the development by a licensing authority of collectiveworking practices with other parts of the local authority or other licensing authorities forwork of a purely administrative nature, e.g. mail-outs. In addition, such administrative tasksmay be contracted out to private businesses. But any matters regarding licensing decisionsmust be carried out by the licensing committee, its sub-committees or officers.13.63 Where, under the provisions of the 2003 Act, there are no relevant representations onan application for the grant of a premises licence or club premises certificate or policeobjection to an application for a personal licence or to an activity taking place under theauthority of a temporary event notice, these matters should be dealt with by officers inorder to speed matters through the system. Licensing committees should receive regularreports on decisions made by officers so that they maintain an overview of the generalsituation. Although essentially a matter for licensing authorities to determine themselves,it is recommended that delegation should be approached in the following way:112 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
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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 and 110: • Police enforcement of the gener
Page 111: the 2003 Act and any licence or cer
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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