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

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8.41 All parties are expected to work together in partnership to ensure that the licensingobjectives are promoted collectively. Where there are no disputes, the steps that applicantspropose to take to promote the licensing objectives, as set out in the operating schedule,will very often translate directly into conditions that will be attached to premises licenceswith the minimum of fuss.8.42 Where permission is to be sought for regulated entertainment involving the provision oflive music or other cultural activity, licensing authorities may wish to advise applicants toconsider consulting the local authority arts officer or local representatives of the Musicians’Union before completing their operating schedule.8.43 The steps to be taken should be both realistic, proportionate and within the control of theapplicant and management of the premises. If a licence is granted with conditions requiringthe implementation of such steps, the conditions will be enforceable in law and it will be acriminal offence to fail to comply with them (under section 136 of the 2003 Act). As such, itwould be wholly inappropriate to impose conditions outside the control of those responsiblefor the running of the premises.8.44 For some premises, it is possible that no measures will be appropriate to promote one ormore of the licensing objectives, for example, because they are adequately covered by otherexisting legislation. It is however important that all operating schedules should be preciseand clear about the measures that are proposed to promote each of the licensing objectivesand in particular, the protection of children from harm.VARIATIONSINTRODUCTION8.45 Where a premises licence holder wishes to amend the licence, the 2003 Act in most casespermits an application to vary to be made rather than requiring an application for a newpremises licence. The process to be followed will depend on the nature of the variationand its potential impact on the licensing objectives. Applications to vary can be madeelectronically via Business Link or by means of the licensing authority’s own electronicfacility following the procedures set out in Chapter 8 above.SIMPLIFIED PROCESSES8.46 There are simplified processes for making applications, or notifying changes, in thefollowing cases:• a change of the name or address of someone named in the licence (section 33);• an application to vary the licence to specify a new individual as the designated premisessupervisor (section 37);• a request to be removed as the designated premises supervisor (section 41);AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200355
• an application by a licence holder in relation to community premises authorised to sellalcohol to disapply the usual mandatory conditions set out in sections 19(2) and 19(3)of the 2003 Act concerning the supervision of alcohol sales by a personal licence holderand the need for a designated premises supervisor (DPS) who holds a personal licence(sections 25A and 41D); and• an application for minor variation of a premises licence (sections 41A to 41C) or clubpremises certificate (sections 86A to 86C).8.47 If an application to specify a new DPS or to disapply the mandatory conditions concerningthe supervision of alcohol sales is made electronically via Business Link or the licensingauthority’s own electronic facility, the authority must notify the police no later than the firstworking day after the application is given.8.48 Where a simplified process requires the applicant (if they are not also the personallicence holder) to copy the application to the licence holder for information, this will applyregardless of whether the application is made in writing or electronically. Otherwise thegeneral guidance set out above (paragraphs 8.23 to 8.31) on electronic applications applies.MINOR VARIATIONS PROCESS8.49 Variations to premises licences or club premises certificates that will not impact adverselyon the licensing objectives are subject to a simplified ‘minor variations’ process. Under thisprocess, the applicant is not required to advertise the variation in a newspaper or circular,or copy it to responsible authorities. However, they must display it on a white notice (todistinguish it from the blue notice used for full variations and new applications). The noticemust comply with the requirements set out in regulation 26A of the Licensing Act 2003(Premises licences and club premises certificates) Regulations 2005 (SI 2005/42). Inaccordance with those regulations, the notice must be displayed for a period of ten workingdays starting on the working day after the minor variation application was given to thelicensing authority.8.50 On receipt of an application for a minor variation, the licensing authority must considerwhether the variation could impact adversely on the licensing objectives. It is recommendedthat decisions on minor variations should be delegated to licensing officers.8.51 In considering the application, the licensing authority must consult relevant responsibleauthorities (whether the application is made in writing or electronically) if there is anydoubt about the impact of the variation on the licensing objectives and they need specialistadvice, and take their views into account in reaching a decision.8.52 The licensing authority must also consider any relevant representations received fromother persons within the time limit referred to below. As stated earlier in this Guidance,representations are only relevant if they clearly relate to the likely effect of the grant of thevariation on the promotion of at least one of the licensing objectives. In the case of minor56 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 54 and 55: • the required fee (details of fe
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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