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

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(Miscellaneous Provisions) Act 1982, insofar as its adoptive provisions relate to sexestablishments (sex shops, sex cinemas and sex entertainment venues), also contains alicensing regime for premises where such activities are carried on.2.16 Conditions on a premises licence are important in setting the parameters within whichpremises can lawfully operate. The use of wording such as “must”, “shall” and “will”, isencouraged. Conditions on licences must:• be precise and enforceable;• be unambiguous;• not duplicate other statutory provisions;• be clear in what they intend to achieve; and,• be appropriate, proportionate and justifiable.PUBLIC SAFETY2.17 As a part of their duties under the 2003 Act, licence holders have a responsibility to ensurethe safety of those using their premises. This concerns the safety of people using therelevant premises rather than public health which is addressed in other legislation. Physicalsafety includes the prevention of accidents and injuries and other immediate harms that canresult from alcohol consumption such as unconsciousness or alcohol poisoning. Conditionsrelating to public safety may also promote the crime and disorder objective as noted above.There will of course be occasions when a public safety condition could incidentally benefita person’s health more generally, but it should not be the purpose of the condition asthis would be outside the licensing authority’s powers (be ultra vires) under the 2003 Act.Conditions should not be imposed on a premises licence or club premises certificate whichrelate to cleanliness or hygiene.2.18 A number of matters should be considered in relation to public safety. These may include:• Fire safety (see paragraphs 2.20 – 2.23);• Ensuring appropriate access for emergency services such as ambulances;• Good communication with local authorities and emergency services, for examplecommunications networks with the police and signing up for local incident alerts (seeparagraph 2.8 above);• Ensuring the presence of trained first aiders on the premises and appropriate first aid kits;• Ensuring the safety of people when leaving the premises (for example, through the provisionof information on late-night transportation);AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200311
• Ensuring appropriate and frequent waste disposal, particularly of glass bottles;• Ensuring appropriate limits on the maximum capacity of the premises (see paragraphs 2.11,2.28 to 2.30, Chapter 10 and 10.41 and 10.42.• Considering the use of CCTV in and around the premises (as noted in paragraph 2.6 above,this may also assist with promoting the crime and disorder objective).2.19 The measures that are appropriate to promote public safety will vary between premises andthe matters listed above may not apply in all cases. As set out in Chapter 8 (8.36 to 8.46),applicants should consider when making their application which steps it is appropriate totake to promote the public safety objective and demonstrate how they achieve that.FIRE SAFETY – SPECIAL PROVISIONS IN RESPECT OF LICENSED PREMISES2.20 The Regulatory Reform (Fire Safety) Order 2005 (the 2005 Order) came into force on 1October 2006 and applies to practically all non-domestic premises. Under it, a ‘responsibleperson’ (usually the employer, owner or occupier) is required to carry out a fire riskassessment and put in place suitable and sufficient fire precautions to ensure that the riskto life in the event of a fire is minimised.2.21 To help ‘responsible persons’ comply with the 2005 Order, the Department for Communitiesand Local Government (DCLG) makes available a range of technical guidance which explainsthe risk assessment process and offers detailed practical advice on the range of firesafety measures which will need to be considered to deliver compliance. This, along withinformation on the law, is available on the DCLG website at: www.communities.gov.uk/firesafety.2.22 The 2005 Order contains special provisions for consultation between the enforcing authorityand the licensing authority in respect of licensed premises. These require the licensingauthority to give the enforcing authority the opportunity to make representations beforeissuing a licence. Once a licence is issued, the enforcing authority is required to notify thelicensing authority of any enforcement action that it takes in relation to premises whichhave been licensed. These provisions do not apply in the limited circumstances(i.e. designated sports stands) where the licensing authority and the enforcing authorityare the same.2.23 A licence issued by the licensing authority cannot impose any term, condition or restrictionrelating to fire safety. Fire safety needs to be considered by the responsible person as partof the risk assessment process required by the 2005 Order and enforced by local fire andrescue authorities. In the case of licensed premises, and irrespective of the number ofemployees on it, the responsible person is required by the 2005 Order to keep a record ofthe significant findings of their fire safety risk assessment.12 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
Page 4: Contents1. Introduction............
Page 7: LICENSING POLICIES1.11 Section 5 of
Page 11: 2.10 A condition must also be capab
Page 15 and 16: SAFE CAPACITIES2.28 “Safe capacit
Page 17 and 18: 2.38 Measures to control light poll
Page 19 and 20: 2.49 The 2003 Act provides that, wh
Page 21: alcohol to its customer, an authori
Page 25: --have given an objection notice be
Page 28 and 29: 4.26 Only one DPS may be specified
Page 32 and 33: y the licence, it would be necessar
Page 34 and 35: to the statutory conditions in resp
Page 36 and 37: VEHICLES5.19 Under the 2003 Act, al
Page 38 and 39: 5.29 Venues that are permanent or p
Page 40 and 41: 6.7 The 2003 Act does not prevent v
Page 42 and 43: 7. Temporary event notices (TENs)7.
Page 44 and 45: STANDARD AND LATE TEMPORARY EVENT N
Page 46 and 47: licence conditions on the TEN (inso
Page 48 and 49: 8. Applications for premises licenc
Page 50 and 51: Executive and local authority healt
Page 52 and 53: premises licences may be found eith
Page 54 and 55: • 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
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prohibit a number of types of drink
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10.50 The following factors should
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alcohol included in it or not targe
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10.70 As well as making the drinks
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11. ReviewsTHE REVIEW PROCESS11.1 T
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11.12 If the application for a revi
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11.22 For example, licensing author
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• for unlawful gambling; and• f
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LICENSING POLICY STATEMENTS AND SEC
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13. Statements of licensing policy1
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13.12 Statements of policies should
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EVIDENCE OF CUMULATIVE IMPACT13.23
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EFFECT OF SPECIAL POLICIES13.29 The
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• Police enforcement of the gener
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the 2003 Act and any licence or cer
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PROMOTION OF EQUALITY13.59 A statem
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14. Suspension for non-payment of f
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15. Live music and regulated entert
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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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