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

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PROVISION OF FIRST-AID2.24 Employers have a duty under the Health and Safety (First-Aid) Regulations 1981 to ensurethat adequate and appropriate equipment, facilities and trained personnel are provided toensure that employees receive immediate first-aid if required at their workplace. This dutyincludes all workplaces, and also applies to the self-employed. The level of first-aid provisionrequired will depend on the workplace circumstances and employers should assess what isnecessary. Whilst this requirement does not extend to making provision for non-employees(for example, members of the public using the premises), the Health and Safety Executivestrongly recommends that first-aid provision is made for non-employees. Further guidancecan be found at http://www.hse.gov.uk/firstaid/index.htm.ENSURING SAFE DEPARTURE OF THOSE USING THE PREMISES2.25 Licence holders should make provision to ensure that premises users safely leave theirpremises. Measures that may assist include:• Providing information on the premises of local taxi companies who can provide safetransportation home; and• Ensuring adequate lighting outside the premises, particularly on paths leading to and fromthe premises and in car parks.MAINTENANCE AND REPAIR2.26 Where there is a requirement in other legislation for premises open to the public or foremployers to possess certificates attesting to the safety or satisfactory nature of certainequipment or fixtures on the premises, it would be inappropriate for a licensing conditionto require possession of such a certificate. However, it would be permissible to requireas a condition of a licence or certificate, if appropriate, checks on this equipment to beconducted at specified intervals and for evidence of these checks to be retained by thepremises licence holder or club provided this does not duplicate or gold-plate a requirementin other legislation. Similarly, it would be permissible for licensing authorities, if theyreceive relevant representations from responsible authorities or any other persons, toattach conditions which require equipment of particular standards to be maintained onthe premises. Responsible authorities – such as health and safety authorities – shouldtherefore make their expectations clear in this respect to enable prospective licence holdersor clubs to prepare effective operating schedules and club operating schedules.2.27 Particular care should be taken when undertaking building, construction or improvementworks on licensed premises to ensure the safety of those using the premises. Licenceholders should adequately assess and mitigate risks associated with any building orconstruction work so that this work does not compromise the safety of those usingthe premises.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200313
SAFE CAPACITIES2.28 “Safe capacities” should only be imposed where appropriate for the promotion of publicsafety or the prevention of disorder on the relevant premises. For example, if a capacityhas been imposed through other legislation, it would be inappropriate to reproduce it ina premises licence. Indeed, it would also be wrong to lay down conditions which conflictwith other legal requirements. However, if no safe capacity has been imposed throughother legislation, a responsible authority may consider it appropriate for a new capacity tobe attached to the premises which would apply at any material time when the licensableactivities are taking place and make representations to that effect. For example, in certaincircumstances, capacity limits may be appropriate in preventing disorder, as overcrowdedvenues can increase the risks of crowds becoming frustrated and hostile.2.29 It should also be noted in this context that it remains an offence under the 2003 Act to sellor supply alcohol to a person who is drunk. This is particularly important because of thenuisance and anti-social behaviour which can be provoked after leaving licensed premises.2.30 The special provisions made for dancing, amplified and unamplified music in section 177of the 2003 Act apply only to premises with a “permitted capacity” of not more than 200persons. In this context, the capacity must be where the fire and rescue authority hasmade a recommendation on the capacity of the premises under the 2005 Order. For anyapplication for a premises licence or club premises certificate for premises without anexisting permitted capacity where the applicant wishes to take advantage of the specialprovisions set out in section 177 of the 2003 Act, the applicant should conduct their ownrisk assessment as to the appropriate capacity of the premises. They should send theirrecommendation to the fire and rescue authority which will consider it and decide what the“permitted capacity” of those premises should be.2.31 Whilst the Cinematograph (Safety) Regulations 1955 (S.I 1995/1129) - which contained asignificant number of regulations in respect of fire safety provision at cinemas - no longerapply, authorisations granted under Schedule 8 to the 2003 Act will have been subject toconditions which re-state those regulations in their new premises licence or club premisescertificate. Any holders of a converted licence seeking to remove these conditions andreduce the regulatory burden on them (to the extent to which that can be done while stillpromoting the licensing objectives), would need to apply to vary their converted licences orcertificates. When considering applications for variations, minor variations, and the grantof new licences, licensing authorities and responsible authorities should recognise the needfor steps to be taken to assure public safety at these premises in the absence of the1995 Regulations.2.32 Public safety includes the safety of performers appearing at any premises.14 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 and 12: 2.10 A condition must also be capab
Page 13: • Ensuring appropriate and freque
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
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8.93 When a person applies for a pr
Page 68 and 69:
to take place pending a formal appl
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9.5 It is for the licensing authori
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may (in a case where it has applied
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HEARINGS9.27 Regulations governing
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considered on a case-by-case basis.
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CONSISTENCY WITH STEPS DESCRIBED IN
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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
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Published by TSO (The Stationery Of
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Amended guidance issued under section 182 of the Licensing Act ...

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