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

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unenforceable. This would be acceptable as a minor variation as long as the purpose of thecondition and its intended effect remain unchanged. Such a change could be expected topromote the licensing objectives by making it easier for the licence holder to understandand comply with the condition and easier for the licensing authority to enforce it.FULL VARIATIONS PROCESS8.70 Any other changes to the licence or certificate require an application to vary under sections34 or 84 of the 2003 Act.8.71 Licensing authorities may wish to consider whether there is any likely impact on thepromotion of the licensing objectives in deciding whether there is a need for an applicationto vary in relation to features which are not required to be shown on the plan under section17 of the 2003 Act, but have nevertheless been included, for example, moveable furniture(altering the position of tables and chairs) or beer gardens (installation of a smoking shelterthat will not affect the use of exits or escape routes).8.72 However, it should be noted that a section 34 application cannot be used to vary a licenceso as to:• extend a time limited licence;• transfer the licence from one holder to another; or• transfer the licence from one premises to another.8.73 If an applicant wishes to make these types of changes to the premises licence, theapplicant should make a new premises licence application under section 17 of the 2003Act; or, to transfer the licence to another holder, an application under section 42 of the2003 Act.RELAXATION OF OPENING HOURS FOR LOCAL, NATIONAL AND INTERNATIONAL OCCASIONS8.74 It should normally be possible for applicants for premises licences and club premisescertificates to anticipate special occasions which occur regularly each year – such as bankholidays and St. George’s or St. Patrick’s Day – and to include appropriate opening hours intheir operating schedules. Similarly, temporary event notices should be sufficient to coverother events which take place at premises that do not have a premises licence or clubcertificate.8.75 However, exceptional events of local, national or international significance may arisewhich could not have been anticipated when the application was first made. In thesecircumstances, the Secretary of State may make a licensing hours order to allow premisesto open for specified, generally extended, hours on these special occasions. This avoidsthe need for large numbers of applications to vary premises licences and club certificates.Typical events might include a one-off local festival, a Royal Jubilee, or a World Cup.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200361
ADVERTISING APPLICATIONS8.76 The requirements governing the advertisement of applications for the grant, variation orreview of premises licences and club premises certificates are contained in the regulationsmade under the 2003 Act which are published on the Government’s legislation website.8.77 Applicants are required to:• publish a notice in a local newspaper or, if there is none, in a local newsletter, circular orsimilar document circulating in the area in which the premises are situated; and• display a brief summary of the application on an A4 size notice immediately on or outsidethe premises.8.78 As prescribed in regulations, licensing authorities must also place a notice on their websiteoutlining key details of the application as set out in regulations, including:• the name of the applicant or club;• the postal address of the premises or club premises;• the postal address and, where applicable, the internet address where the relevant licensingauthority’s register is kept and where and when the record of the application may beinspected;• the date by which representations from responsible authorities or other persons should bereceived and how these representations should be made; and• that it is an offence knowingly or recklessly to make a false statement in connection withan application and the maximum fine for which a person is liable on summary conviction forthe offence.8.79 The summary of the application should set out matters such as the proposed licensableactivities and the proposed hours of opening and should be clearly displayed for the periodduring which representations may be made, together with information about where thedetails of the application may be viewed.8.80 Licensing authorities in Wales should consider encouraging applicants to provide details inthe alternative language (Welsh or English) to that of the main advertisement itself wherethe application may be viewed. Therefore, if an applicant publishes a notice in English theyshould be encouraged to provide a statement in Welsh as to where the application may beviewed, and vice versa. This would allow the reader of the notice to make enquiries to thelicensing authority and find out the nature of the application.62 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 60 and 61: LICENSING HOURS8.62 Variations to t
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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