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

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• the required fee (details of fees may be viewed on the Home Office website);• an operating schedule (see below);• a plan of the premises in a prescribed form; and• if the application involves the supply of alcohol, a form of consent from the individual who isto be specified in the licence as the designated premises supervisor (DPS).8.31 If the application is being made in respect of a community premises, it may beaccompanied by the form of application to apply the alternative licence condition.8.32 Guidance on completing premises licence, club premises certificate and minor variationforms can be found on the Home Office website. The Licensing Act 2003 (Premiseslicences and club premises certificates) Regulations 2005 contains provision about theprescribed form of applications, operating schedules and plans and are published on thelegislation.gov.uk website.PLANS8.33 Plans, for written and electronic applications, will not be required to be submitted in anyparticular scale, but they must be in a format which is “clear and legible in all materialrespects”, i.e. they must be accessible and provides sufficient detail for the licensingauthority to be able to determine the application, including the relative size of any featuresrelevant to the application. There is no requirement for plans to be professionally drawn aslong as they clearly show all the prescribed information.STEPS TO PROMOTE THE LICENSING OBJECTIVES8.34 In completing an operating schedule, applicants are expected to have regard to thestatement of licensing policy for their area. They must also be aware of the expectations ofthe licensing authority and the responsible authorities as to the steps that are appropriatefor the promotion of the licensing objectives, and to demonstrate knowledge of their localarea when describing the steps they propose to take to promote the licensing objectives.Licensing authorities and responsible authorities are expected to publish information aboutwhat is meant by the promotion of the licensing objectives and to ensure that applicantscan readily access advice about these matters. However, applicants are also expected toundertake their own enquiries about the area in which the premises are situated to informthe content of the application.8.35 Applicants are, in particular, expected to obtain sufficient information to enable them todemonstrate, when setting out the steps they propose to take to promote the licensingobjectives, that they understand:• the layout of the local area and physical environment including crime and disorder hotspots,proximity to residential premises and proximity to areas where children may congregate;AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200353
• any risk posed to the local area by the applicants’ proposed licensable activities; and• any local initiatives (for example, local crime reduction initiatives or voluntary schemesincluding local taxi-marshalling schemes, street pastors and other schemes) which may helpto mitigate potential risks.8.36 Applicants are expected to include positive proposals in their application on how theywill manage any potential risks. Where specific policies apply in the area (for example, acumulative impact policy), applicants are also expected to demonstrate an understandingof how the policy impacts on their application; any measures they will take to mitigate theimpact; and why they consider the application should be an exception to the policy.8.37 It is expected that enquiries about the locality will assist applicants when determiningthe steps that are appropriate for the promotion of the licensing objectives. For example,premises with close proximity to residential premises should consider how this impactsupon their smoking, noise management and dispersal policies to ensure the promotion ofthe public nuisance objective. Applicants must consider all factors which may be relevantto the promotion of the licensing objectives, and where there are no known concerns,acknowledge this in their application.8.38 The majority of information which applicants will require should be available in the licensingpolicy statement in the area. Other publicly available sources which may be of use toapplicants include:• the Crime Mapping website;• Neighbourhood Statistics websites;• websites or publications by local responsible authorities;• websites or publications by local voluntary schemes and initiatives; and• on-line mapping tools.8.39 Whilst applicants are not required to seek the views of responsible authorities beforeformally submitting their application, they may find them to be a useful source of expertadvice on local issues that should be taken into consideration when making an application.Licensing authorities may wish to encourage co-operation between applicants, responsibleauthorities and, where relevant, local residents and businesses before applications aresubmitted in order to minimise the scope for disputes to arise.8.40 Applicants are expected to provide licensing authorities with sufficient information in thissection to determine the extent to which their proposed steps are appropriate to promotethe licensing objectives in the local area. Applications must not be based on providing a setof standard conditions to promote the licensing objectives and applicants are expected tomake it clear why the steps they are proposing are appropriate for the premises.54 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 52 and 53: premises licences may be found eith
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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