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

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8. Applications for premises licencesRELEVANT LICENSING AUTHORITY8.1 Premises licences are issued by the licensing authority in which the premises are situatedor, in the case of premises straddling an area boundary, the licensing authority where thegreater part of the premises is situated. Where the premises is located equally in two ormore areas, the applicant may choose but, in these rare cases, it is important that each ofthe licensing authorities involved maintain close contact.8.2 Section 13 of the 2003 Act defines the parties holding important roles in the context ofapplications, inspection, enforcement and reviews of premises licences.AUTHORISED PERSONS8.3 The first group –“authorised persons”– are bodies empowered by the 2003 Act to carry outinspection and enforcement roles. The police are not included because they are separatelyempowered by the 2003 Act to carry out their duties.8.4 For all premises, the authorised persons include:• officers of the licensing authority;• fire inspectors;• inspectors with responsibility in the licensing authority’s area for the enforcement of theHealth and Safety at Work etc Act 1974 etc; and• officers of the local authority exercising environmental health functions.8.5 Local authority officers will most commonly have responsibility for the enforcement ofhealth and safety legislation, but the Health and Safety Executive is responsible for certainpremises. In relation to vessels, authorised persons also include an inspector or a surveyorof ships appointed under section 256 of the Merchant Shipping Act 1995. These wouldnormally be officers acting on behalf of the Maritime and Coastguard Agency. The Secretaryof State may prescribe other authorised persons by means of regulations, but has notcurrently prescribed any additional bodies. If any are prescribed, details will be madeavailable on the Home Office website.RESPONSIBLE AUTHORITIES8.6 The second group –“responsible authorities”– are public bodies that must be fully notifiedof applications and that are entitled to make representations to the licensing authority inrelation to the application for the grant, variation or review of a premises licence. Theserepresentations must still be considered ‘relevant’ by the licensing authority and relate toone or more of the licensing objectives. For all premises, responsible authorities include:AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200347
• the relevant licensing authority and any other licensing authority in whose area part of thepremises is situated;• the chief officer of police;• the local fire and rescue authority;• the local enforcement agency for the Health and Safety at Work etc Act 1974 etc(see Chapter 8);• the local authority with responsibility for environmental health;• the local planning authority;• a body that represents those who are responsible for, or interested in, matters relating tothe protection of children from harm;• Primary Care Trusts (PCTs) 3 and Local Health Boards (in Wales); and• the local weights and measures authority (trading standards).8.7 The licensing authority should indicate in its statement of licensing policy which body itrecognises to be competent to advise it on the protection of children from harm. This maybe the local authority social services department, the Local Safeguarding Children Boardor another competent body. This is important as applications for premises licences have tobe copied to the responsible authorities in order for them to make any representations theythink are relevant.8.8 In relation to a vessel, responsible authorities also include navigation authorities within themeaning of section 221(1) of the Water Resources Act 1991 that have statutory functionsin relation to the waters where the vessel is usually moored or berthed, or any waters whereit is proposed to be navigated when being used for licensable activities; the EnvironmentAgency; the British Waterways Board; and the Secretary of State (who in practice actsthrough the Maritime and Coastguard Agency (MCA)). In practice, the Environment Agencyand British Waterways only have responsibility in relation to vessels on waters for whichthey are the navigation statutory authority.8.9 The Maritime and Coastguard Agency (MCA) is the lead responsible authority for publicsafety, including fire safety, affecting passenger ships (those carrying more than 12passengers) wherever they operate and small commercial vessels (carrying no morethan 12 passengers) which go to sea. The safety regime for passenger ships is enforcedunder the Merchant Shipping Acts by the Maritime and Coastguard Agency which operatescertification schemes for these vessels. Fire and rescue authorities, the Health and Safety3 When relevant provisions in the new Health and Social Care Act 2012 are brought into force, PCTs will be replaced as responsible authorities bythe primary health function of local authorities.48 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 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 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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