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

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9.21 Health bodies may hold information which o<strong>the</strong>r 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 <strong>the</strong> use <strong>of</strong> ambulance services. Some <strong>of</strong> <strong>the</strong>se incidents will be reportedto <strong>the</strong> police, but many will not. Such information would be relevant to <strong>the</strong> public safetyobjective and in some cases <strong>the</strong> 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 <strong>of</strong> Emergency Medicine has <strong>issued</strong> guidelines for information sharing to reducecommunity violence which recommends that data about assault victims should be collectedupon admission to emergency departments, including <strong>the</strong> date, time and location <strong>of</strong> <strong>the</strong>assault – i.e. <strong>the</strong> name <strong>of</strong> <strong>the</strong> pub, club or street where <strong>the</strong> 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 <strong>of</strong> alcohol atparticular groups.DISCLOSURE OF PERSONAL DETAILS OF PERSONS MAKING REPRESENTATIONS9.22 Where a notice <strong>of</strong> a hearing is given to an applicant, <strong>the</strong> licensing authority is required<strong>under</strong> <strong>the</strong> <strong>Licensing</strong> <strong>Act</strong> 2003 (Hearings) Regulations 2005 to provide <strong>the</strong> applicant withcopies <strong>of</strong> <strong>the</strong> relevant representations that have been made.9.23 In exceptional circumstances, persons making representations to <strong>the</strong> licensing authoritymay be reluctant to do so because <strong>of</strong> fears <strong>of</strong> intimidation or violence if <strong>the</strong>ir personaldetails, such as name and address, are divulged to <strong>the</strong> applicant.9.24 Where licensing authorities consider that <strong>the</strong> person has a genuine and well-founded fear<strong>of</strong> intimidation and may be deterred from making a representation on this basis, <strong>the</strong>y maywish to consider alternative approaches.9.25 For instance, <strong>the</strong>y could advise <strong>the</strong> persons to provide <strong>the</strong> relevant responsible authoritywith details <strong>of</strong> how <strong>the</strong>y consider that <strong>the</strong> licensing objectives are being <strong>under</strong>mined so that<strong>the</strong> responsible authority can make representations if appropriate and justified.9.26 The licensing authority may also decide to withhold some or all <strong>of</strong> <strong>the</strong> person’s personaldetails from <strong>the</strong> applicant, giving only minimal details (such as street name or generallocation within a street). However, withholding such details should only be considered where<strong>the</strong> circumstances justify such action.72 AMENDED GUIDANCE ISSUED UNDER SECTION <strong>182</strong> OF THE LICENSING ACT 2003

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