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

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y the licence, it would be necessary to have an effective hiring agreement. Licensingauthorities may wish to consider model hiring agreements that have been made availableby organisations such as ACRE and Community Matters. Such model agreements can berevised to cater for the circumstances surrounding each hire arrangement; for example tostate that the hirer is aware of the licensing objectives and offences in the 2003 Act andwill ensure that it will take all appropriate steps to ensure that no offences are committedduring the period of the hire.POLICE VIEWS4.49 In exceptional circumstances, the chief officer of police for the area in which the communitypremises is situated can object to a request for inclusion of the alternative licence conditionon the grounds of crime and disorder, and any responsible authority or other person canseek reinstatement of the mandatory conditions through a review of the licence (asprovided in section 52A of the 2003 Act). The police will want to consider any history ofincidents at an establishment in light of the actual or proposed management arrangements,including the use of appropriate hire agreements. If the chief officer of police issues anotice seeking the refusal of the application to include the alternative licence condition, thelicensing authority must hold a hearing in order to reach a decision on whether to grant theapplication.APPEALS4.50 Where the chief officer of police has made relevant representations against the inclusionof the alternative licence condition, or given a notice under section 41D(6) which was notwithdrawn, the chief officer of police can appeal the decision of the licensing authority toallow the inclusion of the alternative licence condition. Similarly, a community premisescan appeal a decision by the licensing authority to refuse to include the alternative licencecondition following a hearing triggered by relevant representations or by a notice given undersection 41D(6). Following a review of the licence in which the mandatory conditions arereinstated, the licence holder may appeal against the decision. If the alternative licencecondition is retained on review, the applicant for the review or any person who maderelevant representations may appeal against the decision.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200331
5. Who needs a premises licence?5.1 A premises licence authorises the use of any premises (which is defined in the 2003 Actas a vehicle, vessel or moveable structure or any place or a part of any premises) forlicensable activities defined in section 1 of the 2003 Act.RELEVANT PARTS OF ACT5.2 In determining whether any premises should be licensed, the following parts of the 2003Act are relevant:Relevant part of ActSection 1Part 3Part 4Section 173Section 174Section 175Section 176Section 189Section 190Section 191Section 192Section 193Schedules 1 and 2DescriptionOutlines the licensable activities.Provisions relating to premises licences.Provisions for qualifying clubs.Activities in certain locations which are not licensable.Premises that may be exempted on grounds of national security.Exemption for incidental non-commercial lottery (e.g. a minor raffle or tombola).Prohibits the sale of alcohol at motorway service areas; and restricts the circumstancesin which alcohol may be sold at garages.Special provision in relation to the licensing of vessels, vehicles and moveablestructures.Prohibition of unsupervised sales by childrenWhere the place where a contract for the sale of alcohol is made is different from theplace where the alcohol is appropriated to the contract, the sale of alcohol is to betreated as taking place where the alcohol is appropriated to the contract.Defines “alcohol” for the purposes of the 2003 Act.Defines the meaning of “sale by retail”.Defines among other things “premises”, “vehicle”, “vessel” and “wine”.Provision of regulated entertainment and provision of late night refreshment.5.3 Section 191 provides the meaning of “alcohol” for the purposes of the 2003 Act. It shouldbe noted that a wide variety of foodstuffs contain alcohol but generally in a highly dilutedform when measured against the volume of the product. For the purposes of the 2003 Act,the sale or supply of alcohol which is of a strength not exceeding 0.5 per cent ABV (alcoholby volume) at the time of the sale or supply in question is not a licensable activity. However,where the foodstuff contains alcohol at greater strengths, for example, as with somealcoholic jellies, the sale would be a licensable activity.PREMISES LICENSED FOR GAMBLING5.4 Gambling is the subject of separate legislation. Licensing authorities should not duplicateany conditions imposed by this legislation when granting, varying or reviewing licences thatauthorise licensable activities under the 2003 Act. When making a licence application, theapplicant may, in detailing the steps to be taken in promoting the licensing objectives, refer32 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 28 and 29: 4.26 Only one DPS may be specified
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
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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
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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
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Amended guidance issued under section 182 of the Licensing Act ...

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