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

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Table: Recommended Delegation of FunctionsMatter to be dealt withFullCommitteeSub CommitteeOfficersApplication for personal licence If a police objection If no objection madeApplication for personal licence withunspent convictionsApplication for premises licence/clubpremises certificateApplication for provisional statementApplication to vary premises licence/ clubpremises certificateApplication to vary designated premisessupervisorRequest to be removed as designatedpremises supervisorApplication for transfer of premiseslicenceAll casesIf a relevant representationmadeIf a relevant representationmadeIf a relevant representationmadeIf a police objectionIf a police objectionIf no relevantrepresentation madeIf no relevantrepresentation madeIf no relevantrepresentation madeAll other casesAll casesAll other casesApplications for interim authorities If a police objection All other casesApplication to review premises licence/club premises certificateDecision on whether a complaint isirrelevant frivolous vexatious etcDecision to object when local authority isa consultee and not the relevant authorityconsidering the applicationDetermination of an objection to atemporary event noticeDetermination of application to varypremises licence at community premisesto include alternative licence conditionDecision whether to consult otherresponsible authorities on minor variationapplicationDetermination of minor variationapplicationAll casesAll casesAll casesIf police objectionAll casesAll other casesAll casesAll casesAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003113
14. Suspension for non-payment of fees14.1 The 2003 Act requires a licensing authority to suspend a premises licence or club premisescertificate if the annual fee is not paid when it is due. However, this does not applyimmediately if the payment was not made before or at the time of the due date becauseof an administrative error, or because the holder disputed liability for the fee before or atthe time of the due date. In either of these cases, there is a grace period of 21 days. Thisperiod is intended to allow the licensing authority and the licence or certificate holder anopportunity to resolve the dispute or error. If the dispute or error is not resolved during this21- day period, the licence will be suspended.DISPUTE14.2 The 2003 Act describes a dispute as one relating to liability to pay the fee at all or relatingto its amount. In either case, the licence or certificate holder must notify the licensingauthority of the dispute on or before the date on which the fee to which it relatesbecomes due.ADMINISTRATIVE ERROR14.3 There is no definition of “administrative error” in the 2003 Act, but it can include an erroron the part of the licensing authority, the licence or certificate holder, or any other person.Therefore, “administrative error” will be given its plain, ordinary meaning. An example mightbe where post has been misdirected.SUSPENSION14.4 If a licensing authority suspends a licence or certificate, it must notify the holder in writingand specify the date on which the suspension takes effect; this date must be at least twoworking days after the day the authority gives the notice. It should be noted that this is theminimum period only, and licensing authorities should consider applying longer periods. Theauthority may wish to inform the police and other responsible authorities that the licence orcertificate has been suspended.14.5 A suspension ceases to have effect on the day on which the licensing authority receivespayment of the outstanding fee from the licence or certificate holder. To enable thelicence holder to demonstrate that the licence has been reinstated, the licensing authorityis required to give the holder written acknowledgment of receipt as soon as practicablefollowing receipt, and:a) If payment was received on a working day, no later than the end of the next working day, or;b) If payment was received on a day when the authority is not working, no later than the end ofthe second working day after the day on which the fee was received.114 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
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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 and 112: the 2003 Act and any licence or cer
Page 113: PROMOTION OF EQUALITY13.59 A statem
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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