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

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premises licences may be found either on Business Link or the licensing authority’s ownwebsite. It remains acceptable to make an application in writing.ELECTRONIC APPLICATIONS8.21 Applicants may apply using the licence application forms available on the ElectronicApplication Facility (EAF) which is part of Business Link, or will be re-directed from BusinessLink to the licensing authority’s own electronic facility if one is available. Applicants mayalso apply directly to the licensing authority’s facility without going through Business Link.ELECTRONIC APPLICATIONS USING FORMS ON BUSINESS LINK8.22 Business Link will send a notification to the licensing authority when a completedapplication form is available for it to download from the ‘Electronic Licensing ManagementSystem’ (ELMS). This is the day that the application is taken to be ‘given’ to the licensingauthority, even if it is downloaded at a later stage, and the application must be advertisedfrom the day after that day (as for a written application). The Government recommendsthat licensing authorities request at least daily notification of completed application formsavailable on the ELMS to ensure that applications are processed promptly. The licensingauthority must acknowledge the application as quickly as possible, specifying the statutorytime period and giving details of the appeal procedure.8.23 The period of 28 consecutive days during which the application must be advertised on anotice outside the premises is, effectively, the statutory timescale by which the applicationmust be determined (unless representations are made). This will be published on BusinessLink and must also be published on the licensing authority’s own electronic facility if oneexists. If no representations are made during this period, the licensing authority mustnotify the applicant as quickly as possible that the licence has been granted. The licensingauthority must send the licence to the applicant as soon as possible after this, but theapplicant may start the licensed activity as soon as they have been notified that theapplication is granted. The licence may be supplied in electronic or written format as longas the applicant is aware which document constitutes ‘the licence’. If representations aremade, the guidance in Chapter 9 applies.REQUIREMENT TO COPY APPLICATION TO RESPONSIBLE AUTHORITIES8.24 The licensing authority must copy electronic applications, made via Business Link or its ownfacility, to responsible authorities no later than the first working day after the application isgiven. However, if an applicant submits any part of their application in writing, the applicantwill remain responsible for copying it to responsible authorities.APPLICATIONS VIA THE LOCAL AUTHORITY ELECTRONIC APPLICATION FACILITY8.25 Where applications are made on the licensing authority’s own electronic facility, theapplication will be taken to be ‘given’ when the applicant has submitted a completeapplication form and paid the fee. The application is given at the point at which itAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200351
ecomes accessible to the authority by means of the facility. The licensing authority mustacknowledge the application as quickly as possible, specifying the statutory time period andgiving details of the appeal procedure.‘HOLDING’ AND ‘DEFERRING’ ELECTRONIC APPLICATIONS8.26 The Government recommends (as for written applications) that electronic applicationsshould not be returned if they contain obvious and minor errors such as typing mistakes,or small errors that can be rectified with information already in the authority’s possession.However, if this is not the case and required information is missing or incorrect, thelicensing authority may ‘hold’ the application until the applicant has supplied all therequired information. This effectively resets the 28 day period for determining an applicationand may be done any number of times until the application form is complete. Licensingauthorities must ensure that they notify the applicant as quickly as possible of any missing(or incorrect) information, and explain how this will affect the statutory timescale andadvertising requirements.8.27 If an application has been given at the weekend, the notice advertising the application(where applicable) may already be displayed outside the premises by the time that thelicensing authority downloads the application. It is therefore recommended that, if alicensing authority holds an application, it should inform the applicant that the original(or if necessary, amended) notice must be displayed until the end of the revised period.The licensing authority should also advise the applicant that they should not advertise theapplication in a local newspaper until they have received confirmation from the licensingauthority that the application includes all the required information. To ensure clarity forapplicants, the Government recommends that licensing authorities include similar adviceon their electronic application facilities (where these exist) to ensure that applicants do notincur any unnecessary costs.8.28 If an applicant persistently fails to supply the required information, the licensing authoritymay refuse the application and the applicant must submit a new application.8.29 Licensing authorities may also ‘defer’ electronic applications once if the application isparticularly complicated, for example if representations are received and a hearing isrequired. This allows the licensing authority to extend the statutory time period for thedetermination of the application by such time as is necessary, including, if required,arranging and holding a hearing. Licensing authorities must ensure that applicants areinformed as quickly as possible of a decision to defer, and the reasons for the deferral,before the original 28 days has expired.WRITTEN APPLICATIONS8.30 A written application for a premises licence must be made in the prescribed form to therelevant licensing authority and be copied to each of the appropriate responsible authorities.For example, it would not be appropriate to send an application for premises which was nota vessel to the Maritime and Coastguard Agency. The application must be accompanied by:52 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 50 and 51: Executive and local authority healt
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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