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

More documents

Recommendations

Info

$Converted from C:\PCSPDF\PCS44459.TXT - Westminster City ...$

4.26 Only one DPS may be specified in a single premises licence, but a DPS may supervisetwo or more premises as long as the DPS is able to ensure that the licensing objectivesare properly promoted and that each premises complies with licensing law and licenceconditions.4.27 Where there are frequent changes of DPS, the premises licence holder may submit the formin advance specifying the date when the new individual will be in post and the change willtake effect.POLICE OBJECTIONS TO NEW DESIGNATED PREMISES SUPERVISORS4.28 The police may object to the designation of a new DPS where, in exceptional circumstances,they believe that the appointment would undermine the crime prevention objective. Thepolice can object where, for example, a DPS is first specified in relation to particularpremises and the specification of that DPS in relation to the particular premises gives riseto exceptional concerns. For example, where a personal licence holder has been allowedby the courts to retain their licence despite convictions for selling alcohol to children (arelevant offence) and then transfers into premises known for underage drinking.4.29 Where the police do object, the licensing authority must arrange for a hearing at which theissue can be considered and both parties can put forward their arguments. The 2003 Actprovides that the applicant may apply for the individual to take up post as DPS immediatelyand, in such cases, the issue would be whether the individual should be removed from thispost. The licensing authority considering the matter must restrict its consideration to theissue of crime and disorder and give comprehensive reasons for its decision. Either partywould be entitled to appeal if their argument is rejected.4.30 The portability of personal licences between premises is an important concept under the2003 Act. It is expected that police objections would arise in only genuinely exceptionalcircumstances. If a licensing authority believes that the police are routinely objecting to thedesignation of new premises supervisors on grounds which are not exceptional, they shouldraise the matter with the chief officer of police as a matter of urgency.POLICE OBJECTIONS TO EXISTING DESIGNATED PREMISES SUPERVISORS4.31 The 2003 Act also provides for the suspension and forfeiture of personal licences by thecourts following convictions for relevant offences, including breaches of licensing law.The police can at any stage after the appointment of a DPS seek a review of a premiseslicence on any grounds relating to the licensing objectives if problems arise relating to theperformance of a DPS. The portability of personal licences is also important to industrybecause of the frequency with which some businesses move managers from premises topremises. It is not expected that licensing authorities or the police should seek to use thepower of intervention as a routine mechanism for hindering the portability of a licence oruse hearings of this kind as a fishing expedition to test out the individual’s background andcharacter. It is expected that such hearings should be rare and genuinely exceptional.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200327
CONVICTIONS AND LIAISON WITH THE COURTS4.32 Where a personal licence holder is convicted by a court for a relevant offence, the courtis under a duty to notify the relevant licensing authority of the conviction and of anydecision to order that the personal licence is suspended or declared forfeit. The sentenceof the court has immediate effect despite the fact that an appeal may be lodged againstconviction or sentence (although the court may suspend the forfeiture or suspension of thelicence pending the outcome of any appeal).4.33 When the licensing authority receives such a notification, it should contact the holderand request the licence so that the necessary action can be taken. The holder mustthen produce the relevant licence to the authority within 14 days. It is expected that thechief officer of police for the area in which the holder resides would be advised if they donot respond promptly. The licensing authority should record the details of the conviction,endorse them on the licence, together with any period of suspension and then returnthe licence to the holder. If the licence is declared forfeit, it should be retained by thelicensing authority.RELEVANT OFFENCES4.34 Relevant offences are set out in Schedule 4 to the 2003 Act.DISAPPLICATION OF CERTAIN MANDATORY CONDITIONS FOR COMMUNITY PREMISES4.35 The 2003 Act was amended in 2009 to allow certain community premises which have, orare applying for, a premises licence that authorises alcohol sales to also apply to includethe alternative licence condition in sections 25A(2) and 41D(3) (“the alternative licencecondition”) of that Act in the licence instead of the usual mandatory conditions in sections19(2) and 19(3). Such an application may only be made if the licence holder is, or is to be,a committee or board of individuals with responsibility for the management of the premises(the “management committee”). If such an application is successful, the effect of thealternative licence condition will be that the licence holder (i.e. the management committee)is responsible for the supervision and authorisation of all alcohol sales authorised by thelicence. All such sales will have to be made or authorised by the licence holder. There willbe no requirement for a DPS or for alcohol sales to be authorised by a personallicence holder.4.36 Community premises are defined as premises that are or form part of a church hall, chapelhall or other similar building; or a village hall, parish hall or community hall or other similarbuilding.4.37 The process requires the completion of a form which is prescribed in regulations madeunder the 2003 Act. Where the management committee of a community premises isapplying for authorisation for the sale of alcohol for the first time, it should include the formwith the new premises licence application or the premises licence variation application. Noextra payment is required beyond the existing fee for a new application or a variation.28 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 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 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
Page 83 and 84:
prohibit a number of types of drink
Page 85 and 86:
10.50 The following factors should
Page 87 and 88:
alcohol included in it or not targe
Page 89 and 90:
10.70 As well as making the drinks
Page 91 and 92:
11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93 and 94:
11.12 If the application for a revi
Page 95 and 96:
11.22 For example, licensing author
Page 97 and 98:
• for unlawful gambling; and• f
Page 99 and 100:
LICENSING POLICY STATEMENTS AND SEC
Page 101 and 102:
13. Statements of licensing policy1
Page 103 and 104:
13.12 Statements of policies should
Page 105 and 106:
EVIDENCE OF CUMULATIVE IMPACT13.23
Page 107 and 108:
EFFECT OF SPECIAL POLICIES13.29 The
Page 109 and 110:
• Police enforcement of the gener
Page 111 and 112:
the 2003 Act and any licence or cer
Page 113 and 114:
PROMOTION OF EQUALITY13.59 A statem
Page 115 and 116:
14. Suspension for non-payment of f
Page 117 and 118:
15. Live music and regulated entert
Page 119 and 120:
audience and are provided to, at le
Page 121 and 122:
SPONTANEOUS MUSIC, SINGING AND DANC
Page 123:
Published by TSO (The Stationery Of
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?