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

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