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

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LICENSING HOURS8.62 Variations to the following are excluded from the minor variations process and must betreated as full variations in all cases:• to extend licensing hours for the sale or supply of alcohol for consumption on or off thepremises between the hours of 23.00 and 07.00; or• to increase the amount of time on any day during which alcohol may be sold or supplied forconsumption on or off the premises.Applications to reduce licensing hours for the sale or supply of alcohol or, in some cases, to move(without increasing) the licensed hours between 07.00 and 23.00 will normally be processed asminor variations.8.63 Applications to vary the time during which other licensable activities take place should beconsidered on a case-by-case basis with reference to the likely impact on the licensingobjectives. In making a decision, licensing authorities may consider the factors outlinedabove (paragraph 8.64). In addition, the following factors may also be relevant:• the extent of additional hours sought and whether it will involve later opening or openingbetween 23.00 and 07.00;• any licence conditions already in place to mitigate the impact of the activity;• arrangements for dispersal (that is to say, when people leave the premises is therepotential for noise and disturbance near the venue? Is the only means of dispersal a singleroute through residential areas?);• whether the proposed extension applies only on the weekend or also during week days;• whether there will be new admittances during that period; and• whether the premises is already open during the extended period for other licensableactivities.These factors are not an exhaustive list and licensing authorities and officers should bring theirown experience and knowledge of licensing to bear when considering applications.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200359
LICENSING CONDITIONSa) Imposed conditions8.64 Licensing authorities cannot impose their own conditions on the licence through the minorvariations process. If the licensing officer considers that the proposed variation wouldimpact adversely on the licensing objectives unless conditions are imposed, they shouldrefuse it.b) Volunteered conditions8.65 Applicants may volunteer conditions as part of the minor application process. Theseconditions may arise from their own risk assessment of the variation, or from informaldiscussions with responsible authorities or the licensing authority.8.66 For instance, there may be circumstances when the licence holder and a responsibleauthority such as the police or environmental health authority, agree that a new conditionshould be added to the licence (for example, that a nightclub adds the provision of latenight refreshment to its licence to ensure a longer period of dispersal). Such a changewould not normally impact adversely on the licensing objectives and could be expected topromote them by preventing crime and disorder or public nuisance. In these circumstances,the minor variation process may provide a less costly and onerous means of amendingthe licence than a review, with no risk to the licensing objectives. However, this routeshould only be used where the agreed variations are minor and the licence holder and theresponsible authority have come to a genuine agreement. The licensing authority shouldbe alive to any attempts to pressure licence or certificate holders into agreeing to newconditions where there is no evidence of a problem at the premises and, if there is anydoubt, should discuss this with the relevant parties.c) Amending or removing existing conditions8.67 Licence or club certificate conditions will normally have been volunteered or imposed tomitigate any possible adverse impact on the licensing objectives. In most cases therefore,an application to remove or change the wording of a condition should be treated as afull variation.8.68 However, there may be some circumstances when the minor variation process isappropriate. Premises may change over time and the circumstances that originally led tothe condition being attached or volunteered may no longer apply. For example, there may beno need for door supervision if a bar has been converted into a restaurant. Equally someembedded conditions may no longer apply.8.69 Changes in legislation may invalidate certain conditions. Although the conditions do nothave to be removed from the licence, licence holders and licensing authorities may agreethat this is desirable to clarify the licence holder’s legal obligations. There may alsobe cases where it is appropriate to revise the wording of a condition that is unclear or60 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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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 56 and 57: 8.41 All parties are expected to wo
Page 58 and 59: variations, there is no right to a
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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