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

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8.93 When a person applies for a premises licence in respect of premises (or part of thepremises or premises which are substantially the same) for which a provisional statementhas been made, representations by responsible authorities and other persons will beexcluded in certain circumstances. These are where:• the application for a licence is in the same form as the licence described in the provisionalstatement;• the work in the schedule of works has been satisfactorily completed; and• given the information provided in the application for a provisional statement, theresponsible authority or other person could have made the same, or substantially the same,representations about the application then but failed to do so without reasonable excuse;and there has been no material change in the circumstances relating either to the premisesor to the area in the proximity of those premises since the provisional statement was made.8.94 Licensing authorities should exclude representations in these circumstances. It will beimportant for investment and employment opportunities in their areas for provisionalstatements to function properly by providing a limited assurance. But it should berecognised that a great deal of time may pass between the issue of a provisional statementand the completion of a premises in accordance with a schedule of works. Genuine andmaterial changes in circumstances may arise during the intervening years.8.95 Any decision of the licensing authority on an application for a provisional statement will notrelieve an applicant of the need to apply for planning permission, building control approvalof the building work, or in some cases both planning permission and building control.8.96 A provisional statement may not be sought or given for a vessel, a vehicle or a moveablestructure (see section 189 of the 2003 Act).TRANSFERS OF PREMISES LICENCES8.97 The 2003 Act provides for any person who may apply for a premises licence, which includesa business, to apply for a premises licence to be transferred to them. Where the applicationis made in writing, the applicant must give notice of the application to the chief officerof police. Where it is made electronically via Business Link or the licensing authority’selectronic facility, the licensing authority must notify the police no later than the first workingday after the application is given. However, the responsibility to notify the DPS remainswith the applicant. Otherwise the general guidance on electronic applications set out inparagraphs 8.23 to 8.31 applies.8.98 In the vast majority of cases, it is expected that a transfer will be a very simpleadministrative process. Section 43 of the 2003 Act provides a mechanism which allows thetransfer to come into immediate interim effect as soon as the licensing authority receivesit, until it is formally determined or withdrawn. This is to ensure that there should be nointerruption to normal business at the premises. If the police raise no objection aboutAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200365
the application, the licensing authority must transfer the licence in accordance with theapplication, amend the licence accordingly and return it to the new holder.8.99 In exceptional circumstances where the chief officer of police believes the transfer mayundermine the crime prevention objective, the police may object to the transfer. Suchobjections are expected to be rare and arise because the police have evidence that thebusiness or individuals seeking to hold the licence or business or individuals linked to suchpersons are involved in crime (or disorder).8.100 Such objections (and therefore such hearings) should only arise in truly exceptionalcircumstances. If the licensing authority believes that the police are using this mechanismto vet transfer applicants routinely and to seek hearings as a fishing expedition to inquireinto applicants’ backgrounds, it is expected that it would raise the matter immediately withthe chief officer of police.INTERIM AUTHORITIES8.101 The 2003 Act provides special arrangements for the continuation of permissions undera premises licence when the holder of a licence dies suddenly or becomes bankruptor mentally incapable. In the normal course of events, the licence would lapse in suchcircumstances. However, there may also be some time before, for example, the deceasedperson’s estate can be dealt with or an administrative receiver appointed. This could havea damaging effect on those with interests in the premises, such as an owner, lessor oremployees working at the premises in question; and could bring unnecessary disruption tocustomers’ plans. The 2003 Act therefore provides for the licence to be capable of beingreinstated in a discrete period of time in certain circumstances.8.102 These circumstances arise only where a premises licence has lapsed owing to the death,incapacity or insolvency of the holder. In such circumstances, an “interim authority” noticemay be given to the licensing authority within 28 consecutive days beginning the day afterthe licence lapsed. Where applications are made in writing, the applicant must give noticeof the application to the chief officer of police. If an application is made electronically viaBusiness Link or the licensing authority’s electronic facility, the licensing authority mustnotify the police no later than the first working day after the notice is given. Otherwise thegeneral guidance on electronic applications set out in at paragraphs 8.23 to 8.31 applies.8.103 An interim notice may only be given either by a person with a prescribed interest in thepremises as set out in the regulations made under the 2003 Act (which may be viewed onthe Government’s legislation website); or by a person connected to the former holder of thelicence (normally a personal representative of the former holder; or a person with power ofattorney; or where someone has become insolvent, that person’s insolvency practitioner).8.104 The effect of giving the notice is to reinstate the premises licence as if the person givingthe notice is the holder of the licence and thereby allow licensable activities to continue66 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 64 and 65: 8.81 Licensing authorities in Wales
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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