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

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• in some cases, the premises are used exclusively or primarily for the sale of alcohol forconsumption on the premises.2.43 It is also possible that activities, such as adult entertainment, may take place at certaintimes on premises but not at other times. For example, premises may operate as a cafébar during the day providing meals for families but also provide entertainment with a sexualcontent after 8.00pm.2.44 Applicants must be clear in their operating schedules about the activities and timesat which the events would take place to help determine when it is not appropriate forchildren to enter the premises. Consideration should also be given to the proximity ofpremises to schools and youth clubs so that applicants take appropriate steps to ensurethat advertising relating to their premises, or relating to events at their premises, is notdisplayed at a time when children are likely to be near the premises.2.45 Licensing authorities and responsible authorities should expect applicants, when preparingan operating schedule or club operating schedule, to set out the steps to be taken toprotect children from harm when on the premises.2.46 Conditions, where they are appropriate, should reflect the licensable activities taking placeon the premises. In addition to the mandatory condition regarding age verification, otherconditions relating to the protection of children from harm can include:• restrictions on the hours when children may be present;• restrictions on the presence of children under certain ages when particular specifiedactivities are taking place;• restrictions on the parts of the premises to which children may have access;• age restrictions (below 18);• restrictions or exclusions when certain activities are taking place;• requirements for accompanying adult (including for example, a combination of requirementswhich provide that children under a particular age must be accompanied by an adult); and• full exclusion of people under 18 from the premises when any licensable activities aretaking place.2.47 Please see also Chapter 10 for details about the Licensing Act 2003 (Mandatory LicensingConditions Order) 2010.2.48 Licensing authorities should give considerable weight to representations about childprotection matters.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200317
2.49 The 2003 Act provides that, where a premises licence or club premises certificateauthorises the exhibition of a film, it must include a condition requiring the admission ofchildren to films to be restricted in accordance with recommendations given either by a bodydesignated under section 4 of the Video Recordings Act 1984 specified in the licence (theBritish Board of Film Classification is currently the only body which has been so designated)or by the licensing authority itself. Further details are given in Chapter 10.2.50 Theatres may present a range of diverse activities and entertainment including, for example,variety shows incorporating adult entertainment. It is appropriate in these cases for alicensing authority to consider restricting the admission of children in such circumstances.Entertainments may also be presented at theatres specifically for children. It will beappropriate to consider whether a condition should be attached to a premises licence orclub premises certificate which requires the presence of a sufficient number of adult staffon the premises to ensure the wellbeing of the children during any emergency.OFFENCES RELATING TO THE SALE AND SUPPLY OF ALCOHOL TO CHILDREN2.51 Licensing authorities are expected to maintain close contact with the police, youngoffenders’ teams and trading standards officers (who can carry out test purchases undersection 154 of the 2003 Act) about the extent of unlawful sales and consumption of alcoholby minors and to be involved in the development of any strategies to control or preventthese unlawful activities and to pursue prosecutions. For example, where, as a matter ofpolicy, warnings are given to retailers prior to any decision to prosecute in respect ofan offence, it is important that each of the enforcement arms should be aware of thewarnings each of them has given.Table of relevant offences under the 2003 ActSectionOffenceSection 145Unaccompanied children prohibited from certain premisesSection 146Sale of alcohol to childrenSection 147Allowing the sale of alcohol to childrenSection 147APersistently selling alcohol to childrenSection 148 1 Sale of liqueur confectionery to children under 16Section 149Purchase of alcohol by or on behalf of childrenSection 150Consumption of alcohol by childrenSection 151Delivering alcohol to childrenSection 152Sending a child to obtain alcoholSection 153Prohibition of unsupervised sales by children1 Note. The Government has announced its intention to repeal this offence, in 2013 at the earliest.18 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 and 16: SAFE CAPACITIES2.28 “Safe capacit
Page 17: 2.38 Measures to control light poll
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
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SPONTANEOUS MUSIC, SINGING AND DANC
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Published by TSO (The Stationery Of
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