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

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PUBLIC NUISANCE2.33 The 2003 Act enables licensing authorities and responsible authorities, throughrepresentations, to consider what constitutes public nuisance and what is appropriate toprevent it in terms of conditions attached to specific premises licences and club premisescertificates. It is therefore important that in considering the promotion of this licensingobjective, licensing authorities and responsible authorities focus on the effect of thelicensable activities at the specific premises on persons living and working (including thosecarrying on business) in the area around the premises which may be disproportionate andunreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smellsand litter.2.34 Public nuisance is given a statutory meaning in many pieces of legislation. It is howevernot narrowly defined in the 2003 Act and retains its broad common law meaning. It isimportant to remember that the prevention of public nuisance could therefore include lowlevelnuisance, perhaps affecting a few people living locally, as well as major disturbanceaffecting the whole community. It may also include in appropriate circumstances thereduction of the living and working amenity and environment of other persons living andworking in the area of the licensed premises.2.35 Conditions relating to noise nuisance will normally concern steps appropriate to controlthe levels of noise emanating from premises. This might be achieved by a simple measuresuch as ensuring that doors and windows are kept closed after a particular time, or moresophisticated measures like the installation of acoustic curtains or rubber speaker mounts.Any conditions appropriate to promote the prevention of public nuisance should be tailoredto the type, nature and characteristics of the specific premises. Licensing authorities shouldbe aware of the need to avoid inappropriate or disproportionate measures that could deterevents that are valuable to the community, such as live music. Noise limiters, for example,are very expensive to purchase and install and are likely to be a considerable burden forsmaller venues.2.36 As with all conditions, those relating to noise nuisance may not be appropriate in certaincircumstances where the provisions of the Environmental Protection Act 1990, the NoiseAct 1996, or the Clean Neighbourhoods and Environment Act 2005 adequately protectthose living in the area of the premises. But as stated earlier in this Guidance, theapproach of licensing authorities and responsible authorities should be one of preventionand when their powers are engaged, licensing authorities should be aware of the fact thatother legislation may not adequately cover concerns raised in relevant representations andadditional conditions may be appropriate.2.37 Where applications have given rise to representations, any appropriate conditions shouldnormally focus on the most sensitive periods. For example, music noise from premisesusually occurs from mid-evening until either late-evening or early-morning when residentsin adjacent properties may be attempting to go to sleep or are sleeping. In certaincircumstances, conditions relating to noise immediately surrounding the premises may alsoprove appropriate to address any disturbance anticipated as customers enter and leave.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200315
2.38 Measures to control light pollution will also require careful thought. Bright lighting outsidepremises considered appropriate to prevent crime and disorder may itself give rise to lightpollution for some neighbours. Applicants, licensing authorities and responsible authoritieswill need to balance these issues.2.39 In the context of preventing public nuisance, it is again essential that conditions arefocused on measures within the direct control of the licence holder or club. Conditionsrelating to public nuisance caused by the anti-social behaviour of customers once they arebeyond the control of the licence holder, club or premises management cannot be justifiedand will not serve to promote the licensing objectives. However, premises should haveadequate dispersal policies (where appropriate) in place to ensure that customers leave thepremises promptly and with minimal disruption to those in the surrounding area.2.40 Beyond the immediate area surrounding the premises, these are matters for personalresponsibility of individuals under the law. An individual who engages in anti-social behaviouris accountable in their own right. However, it would be perfectly reasonable for a licensingauthority to impose a condition, following relevant representations, that requires the licenceholder or club to place signs at the exits from the building encouraging patrons to bequiet until they leave the area and to respect the rights of people living nearby to apeaceful night.PROTECTION OF CHILDREN FROM HARM2.41 The protection of children from harm includes the protection of children from moral,psychological and physical harm. This includes not only protecting children from theharms associated with alcohol but also wider harms such as exposure to strong languageand sexual expletives (for example, in the context of exposure to certain films or adultentertainment).2.42 The Government believes that it is completely unacceptable to sell alcohol to children.Conditions relating to the access of children where alcohol is sold and which areappropriate to protect them from harm should be carefully considered. Moreover,conditions restricting the access of children to premises should be strongly considered incircumstances where:• adult entertainment is provided;• a member or members of the current management have been convicted for serving alcoholto minors or with a reputation for allowing underage drinking (other than in the context ofthe exemption in the 2003 Act relating to 16 and 17 year olds consuming beer, wine andcider when accompanied by an adult during a table meal);• it is known that unaccompanied children have been allowed access;• there is a known association with drug taking or dealing; or16 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 and 14: • Ensuring appropriate and freque
Page 15: SAFE CAPACITIES2.28 “Safe capacit
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
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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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