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

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Executive and local authority health and safety inspectors should normally be able tomake “nil” returns in relation to such vessels and rely on the MCA to make any necessaryrepresentations in respect of this licensing objective.8.10 Merchant Shipping legislation does not, however, apply to permanently moored vessels. So,for example, restaurant ships moored on the Thames Embankment, with permanent shoreconnections should be considered by the other responsible authorities concerned withpublic safety, including fire safety. Vessels carrying no more than 12 passengers which donot go to sea are not subject to MCA survey and certification, but may be licensed by thelocal port or navigation authority.8.11 The Secretary of State may prescribe other responsible authorities by means ofregulations. Any such regulations are published on the Government’s legislation website:www.legislation.gov.ukOTHER PERSONS8.12 As well as responsible authorities, any other person can play a role in a number of licensingprocesses under the 2003 Act. This includes any individual, body or business entitledto make representations to licensing authorities in relation to applications for the grant,variation, minor variation or review of premises licences and club premises certificates,regardless of their geographic proximity to the premises. In addition, these persons maythemselves seek a review of a premises licence. Any representations made by thesepersons must be ‘relevant’, in that the representation relates to one or more of thelicensing objectives. It must also not be considered by the licensing authority to be frivolousor vexatious. In the case of applications for reviews, there is an additional requirementthat the grounds for the review should not be considered by the licensing authority to berepetitious. Chapter 9 of this guidance (paragraphs 9.4 to 9.10) provides more detail on thedefinition of relevant, frivolous, vexatious and repetitious representations.8.13 Whilst any of these persons may act in their own right, they may also request that arepresentative makes the representation to the licensing authority on their behalf. Arepresentative may include a legal representative, a friend, a Member of Parliament, aMember of the Welsh Government, or a local ward or parish councillor who can all act insuch a capacity.THE ROLE OF LOCAL COUNCILLORS8.14 Local councillors as noted above, can make representations. Local councillors are subjectto the Local Authorities (Model Code of Conduct) Order 2007. The Code applies to anyelected council member whether or not they are a member of the licensing committee. Amember of a licensing committee, representing others or acting in their own right, wouldneed to consider carefully at a committee meeting whether they had a prejudicial interestin any matter affecting the licence or certificate of the premises in question which wouldrequire them to withdraw from the meeting when that matter is considered (for example,where a councillor has made representations in their capacity as an elected member of theAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200349
licensing authority). In addition, a member with a prejudicial interest in a matter should notseek to influence improperly a decision on the licence or certificate in any other way.WHO CAN APPLY FOR A PREMISES LICENCE?8.15 Any person (if an individual aged 18 or over) who is carrying on or who proposes to carry ona business which involves the use of premises (any place including one in the open air) forlicensable activities may apply for a premises licence either on a permanent basis or for atime-limited period.8.16 “A person” in this context includes, for example, a business or a partnership. Licensingauthorities should not require the nomination of an individual to hold the licence ordetermine the identity of the most appropriate person to hold the licence.8.17 In considering joint applications (which is likely to be a rare occurrence), it must bestressed that under section 16(1)(a) of the 2003 Act each applicant must be carrying ona business which involves the use of the premises for licensable activities. In the caseof public houses, this would be easier for a tenant to demonstrate than for a pub owningcompany that is not itself carrying on licensable activities. Where licences are to be held bybusinesses, it is desirable that this should be a single business to avoid any lack of clarityin accountability.8.18 A public house may be owned, or a tenancy held, jointly by a husband and wife, civilpartners or other partnerships of a similar nature, and both may be actively involved incarrying on the licensable activities. In these cases, it is entirely possible for the husbandand wife or the partners to apply jointly as applicant for the premises licence, even if theyare not formally partners in business terms. This is unlikely to lead to the same issuesof clouded accountability that could arise where two separate businesses apply jointly forthe licence. If the application is granted, the premises licence would identify the holder ascomprising both names and any subsequent applications, for example for a variation of thelicence, would need to be made jointly.8.19 A wide range of other individuals and bodies set out in section 16 of the 2003 Act mayapply for premises licences. They include, for example, Government Departments, localauthorities, hospitals, schools, charities or police forces. In addition to the bodies listed insection 16, the Secretary of State may prescribe by regulations other bodies that may applyand any such regulations are published on the Government’s legislation website. There isnothing in the 2003 Act which prevents an application being made for a premises licence atpremises where a premises licence is already held.APPLICATION FORMS8.20 The Provision of Services Regulations 2009 require local authorities to ensure that allprocedures relating to access to, or the exercise of, a service activity may be easilycompleted, at a distance and by electronic means. Electronic application facilities for50 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 48 and 49: 8. Applications for premises licenc
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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