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

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to the statutory conditions in respect of their gambling licence (where relevant). In addition,any conditions which are attached to premises licences should not prevent the holder fromcomplying with the requirements of gambling legislation or supporting regulations. Furtherinformation about the Gambling Act 2005 can be found on the DCMS website at www.culture.gov.uk.DESIGNATED SPORTS GROUNDS, DESIGNATED SPORTS EVENTS AND MAJOR OUTDOORSPORTS STADIA5.5 Outdoor sports stadia are regulated by separate legislation in relation to sports groundssafety, health and safety and fire safety. Therefore licensing authorities should avoid anyduplication when granting, varying or reviewing premises licences.5.6 Sports events taking place at outdoor stadia do not fall within the definition of the provisionof regulated entertainment under the 2003 Act, with the exception of boxing and wrestlingmatches. Licensing authorities should therefore limit their consideration of applications forpremises licences to activities that are licensable under the 2003 Act.5.7 Major stadia will often have several bars and restaurants, including bars generally open toall spectators as well as bars and restaurants to which members of the public do not havefree access. Alcohol may also be supplied in private boxes and viewing areas. A premiseslicence may make separate arrangements for public and private areas or for restaurantareas on the same premises. It may also designate areas where alcohol may not beconsumed at all or at particular times.5.8 Licensing authorities should be aware that paragraphs 98 and 99(c) of Schedule 6 to the2003 Act and the repeals of section 2(1A) and section 5A of the Sporting Events (Controlof Alcohol etc.) Act 1985 have not been commenced since the effect would have beendifferent from that which Parliament had intended.SPORTS STADIA WITH ROOFS THAT OPEN AND CLOSE5.9 Major sports grounds with roofs that open and close, do not fall within the definition of an“indoor sporting event” under the 2003 Act. As a result, events taking place in these stadiaare not ‘regulated entertainment’ and are not licensable under the 2003 Act.VESSELS5.10 The 2003 Act applies to vessels (including ships and boats) as if they were premises.A vessel which is not permanently moored or berthed is treated as if it were premisessituated in a place where it is usually moored or berthed. The relevant licensing authorityfor considering an application for a premises licence for a vessel is therefore the licensingauthority for the area in which it is usually moored or berthed.5.11 However, an activity is not a licensable activity if it takes place aboard a vessel engagedon an international journey. An “international journey” means a journey from a place in theAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200333
United Kingdom to an immediate destination outside the United Kingdom or a journey fromoutside the United Kingdom to an immediate destination in the United Kingdom.5.12 If a vessel is not permanently moored and carries more than 12 passengers it is apassenger ship and will be subject to safety regulation by the Maritime and CoastguardAgency (MCA).5.13 When a licensing authority receives an application for a premises licence in relation to avessel, it should consider the promotion of the licensing objectives, but should not focuson matters relating to safe navigation or operation of the vessel, the general safety ofpassengers, or emergency provision; all of which are subject to regulations which mustbe met before the vessel is issued with its Passenger Certificate and Safety ManagementCertificate.5.14 If the MCA is satisfied that the vessel complies with Merchant Shipping standards for apassenger ship, the premises should normally be accepted as meeting the public safetyobjective. In relation to other public safety aspects of the application, representations madeby the MCA on behalf of the Secretary of State should be given particular weight.5.15 If a vessel, which is not permanently moored and carries no more than 12 passengers,goes to sea, it will be subject to the Code of Practice for the Safety of Small CommercialSailing Vessels. This code sets the standards for construction, safety equipment andmanning for these vessels and MCA will be able to confirm that it has a valid safetycertificate.5.16 If a vessel carries no more than 12 passengers and does not go to sea, it may be regulatedor licensed by the competent harbour authority, navigation authority or local authority. Therecommended standards for these vessels are set out in the (non-statutory) Inland WatersSmall Passenger Boat Code, which provides best practice guidance on the standards forconstruction, safety equipment and manning. Some authorities may use their own localrules. MCA has no direct responsibility for these vessels and will not normally comment ona premises licence application.INTERNATIONAL AIRPORTS AND PORTS5.17 Under the 2003 Act, the Secretary of State may ‘designate’ a port, hoverport or airportwith a substantial amount of international traffic so that an activity carried on there is notlicensable. The Secretary of State may also preserve existing designations made underearlier legislation.5.18 Areas at designated ports which are “airside” or “wharfside” are included in the exemptionin the 2003 Act from the licensing regime. The non-travelling public does not have access tothese areas and they are subject to stringent bye-laws. The exemption allows refreshmentsto be provided to travellers at all times of the day and night. Other parts of designatedports, hoverports and airports are subject to the normal licensing controls.34 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 32 and 33: y the licence, it would be necessar
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
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