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

More documents

Recommendations

Info

$Converted from C:\PCSPDF\PCS44459.TXT - Westminster City ...$

may (in a case where it has applied a cumulative impact policy) consider that granting a newlicence application will add to the cumulative impact of licensed premises in its area andtherefore decide to make representations to that effect, without waiting for any other personto do so.9.17 In cases where a licensing authority is also acting as responsible authority in relation to thesame process, it is important to achieve a separation of responsibilities within the authorityto ensure procedural fairness and eliminate conflicts of interest. In such cases licensingdeterminations will be made by the licensing committee or sub committee comprisingelected members of the authority (although they are advised by a licensing officer).Therefore, a separation is achieved by allocating distinct functions (i.e. those of licensingauthority and responsible authority) to different officials within the authority.9.18 In these cases, licensing authorities should allocate the different responsibilities todifferent licensing officers or other officers within the local authority to ensure a properseparation of responsibilities. The officer advising the licensing committee (i.e. the authorityacting in its capacity as the licensing authority) must be a different individual to the officerwho is acting for the responsible authority. The officer acting for the responsible authorityshould not be involved in the licensing decision process and should not discuss the meritsof the case with those involved in making the determination by the licensing authority.For example, discussion should not take place between the officer acting as responsibleauthority and the officer handling the licence application regarding the merits of the case.Communication between these officers in relation to the case should remain professionaland consistent with communication with other responsible authorities. Representations,subject to limited exceptions, must be made in writing. It is for the licensing authorityto determine how the separate roles are divided to ensure an appropriate separation ofresponsibilities. This approach may not be appropriate for all licensing authorities and manyauthorities may already have processes in place to effectively achieve the same outcome.9.19 For smaller licensing authorities, where such a separation of responsibilities is moredifficult, the licensing authority may wish to involve officials from outside the licensingdepartment to ensure a separation of responsibilities. However, these officials should stillbe officials employed by the authority.HEALTH BODIES ACTING AS RESPONSIBLE AUTHORITIES9.20 Where a Primary Care Trust (PCT) 4 or Local Health Board (LHB) (in Wales) acts as aresponsible authority, they should have sufficient knowledge of the licensing policy andhealth issues in order to be able to fulfil this function. If they wish to make representations,the PCT or LHB will need to decide how best to gather and coordinate evidence from otherbodies exercising health functions in the area, such as emergency departmentsand ambulance services.4 When relevant provisions in the new Health and Social Care Act 2012 are brought into force, PCTs will be replaced as responsible authorities bythe primary health function of local authoritiesAMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200371
9.21 Health bodies may hold information which other responsible authorities do not, but whichwould assist a licensing authority in exercising its functions. For example, drunkennesscan lead to accidents and injuries from violence, resulting in attendances at emergencydepartments and the use of ambulance services. Some of these incidents will be reportedto the police, but many will not. Such information would be relevant to the public safetyobjective and in some cases the crime and disorder objective. In making representations,PCTs and LHBs will need to consider how to collect anonymised information about incidentsthat relate to specific premises or premises in a particular area (for example, a cumulativeimpact zone). Many areas have already developed procedures for local information sharingto tackle violence, which could provide useful evidence to support representations. TheCollege of Emergency Medicine has issued guidelines for information sharing to reducecommunity violence which recommends that data about assault victims should be collectedupon admission to emergency departments, including the date, time and location of theassault – i.e. the name of the pub, club or street where the incident occurred. Sometimes,it may be possible to link ambulance callouts or attendances at emergency departmentsto irresponsible practices at specific premises, such as serving alcohol to people who areintoxicated or targeting promotions involving unlimited or unspecified quantities of alcohol atparticular groups.DISCLOSURE OF PERSONAL DETAILS OF PERSONS MAKING REPRESENTATIONS9.22 Where a notice of a hearing is given to an applicant, the licensing authority is requiredunder the Licensing Act 2003 (Hearings) Regulations 2005 to provide the applicant withcopies of the relevant representations that have been made.9.23 In exceptional circumstances, persons making representations to the licensing authoritymay be reluctant to do so because of fears of intimidation or violence if their personaldetails, such as name and address, are divulged to the applicant.9.24 Where licensing authorities consider that the person has a genuine and well-founded fearof intimidation and may be deterred from making a representation on this basis, they maywish to consider alternative approaches.9.25 For instance, they could advise the persons to provide the relevant responsible authoritywith details of how they consider that the licensing objectives are being undermined so thatthe responsible authority can make representations if appropriate and justified.9.26 The licensing authority may also decide to withhold some or all of the person’s personaldetails from the applicant, giving only minimal details (such as street name or generallocation within a street). However, withholding such details should only be considered wherethe circumstances justify such action.72 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 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 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 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
show all

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

Create successful ePaper yourself

Delete template?

Save as template?