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

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8.81 Licensing authorities in Wales are also required to publish key information from licenceapplications in Welsh on their websites. Notices of applications to vary a premises licenceshould include a brief description of the proposed variation, for example details of extrahours applied for, hours varied from/to.8.82 In the case of applications for premises licences involving internet or mail order sales,notices should be conspicuously displayed at the place where the alcohol is appropriatedto the contract.8.83 A vessel which is not permanently moored or berthed is treated as if it were a premisessituated in a place where it is usually moored or berthed. The newspaper advertisementnotice for such a vessel would need to be in relation to this place (where it is usuallymoored or berthed) and there is no provision requiring such advertising in other areas, forinstance, if the vessel journeys through other licensing authority areas.8.84 Arrangements should be put in place by the licensing authority for other parties to view arecord of the application in the licensing register as described in Schedule 3 to the 2003Act. Charges made for copies of the register should not exceed the cost of preparingsuch copies. Licensing authorities may wish to conduct random and unannounced visitsto premises to confirm that notices have been clearly displayed and include relevant andaccurate information.APPLICATIONS TO CHANGE THE DESIGNATED PREMISES SUPERVISORS8.85 Chapter 4 covers designated premises supervisors and applications to vary a premiseslicence covering sales of alcohol by specifying a new designated premises supervisor.Chapter 4 covers applications by community premises to disapply the usual mandatoryconditions in sections 19(2) and 19(3) of the 2003 Act concerning the authorisationof alcohol sales by a personal licence holder and the need for a designated premisessupervisor who holds a personal licence.PROVISIONAL STATEMENTS8.86 Where premises are being or are about to be constructed, extended or otherwise altered forthe purpose of being used for one or more licensable activities, investors may be unwillingto commit funds unless they have some assurance that a premises licence covering thedesired licensable activities would be granted for the premises when the building work iscompleted.8.87 The 2003 Act does not define the words “otherwise altered”, but the alteration must relateto the purpose of being used for one or more licensable activities.8.88 Any person falling within section 16 of the 2003 Act can apply for a premises licence beforenew premises are constructed, extended or changed. This would be possible where clearplans of the proposed structure exist and the applicant is in a position to complete anoperating schedule including details of:AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200363
• the activities to take place there;• the time at which such activities will take place;• the proposed hours of opening;• where the applicant wishes the licence to have effect for a limited period, that period;• the steps to be taken to promote the licensing objectives; and• where the sale of alcohol is involved, whether supplies are proposed to be for consumptionon or off the premises (or both) and the name of the designated premises supervisor theapplicant wishes to specify.8.89 In such cases, the licensing authority would include in the licence the date upon which itwould come into effect. A provisional statement will normally only be required when theinformation described above is not available.8.90 The 2003 Act therefore provides for a person, if an individual aged 18 or over, who has aninterest in the premises to apply for a “provisional statement”. This will not be time limited,but the longer the delay before an application for a premises licence is made, the morelikely it is that there will be material changes and that the licensing authority will acceptrepresentations. “Person” in this context includes a business.8.91 When a hearing is held, the licensing authority must decide whether, if the premises wereconstructed or altered in the way proposed in the schedule of works and if a premiseslicence was sought for those premises, it would consider it appropriate for the promotion ofthe licensing objectives to:• attach conditions to the licence;• rule out any of the licensable activities applied for;• refuse to specify the person nominated as premises supervisor; or• reject the application.It will then issue the applicant with a provisional statement setting out the details of thatdecision together with its reasons.8.92 The licensing authority must copy the provisional statement to each person who maderelevant representations, and the chief officer of police for the area in which the premisesis situated. The licensing authority should give full and comprehensive reasons for itsdecision. This is important in anticipation of an appeal by any aggrieved party.64 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 62 and 63: unenforceable. This would be accept
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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