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

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HEARINGS9.27 Regulations governing hearings may be found on the www.legislation.gov.uk website. Ifthe licensing authority decides that representations are relevant, it must hold a hearingto consider them. The need for a hearing can only be avoided with the agreement of thelicensing authority, the applicant and all of the persons who made relevant representations.In cases where only ‘positive’ representations are received, without qualifications, thelicensing authority should consider whether a hearing is required. To this end, it may wishto notify the persons who made representations and give them the opportunity to withdrawthose representations. This would need to be done in sufficient time before the hearing toensure that parties were not put to unnecessary inconvenience.9.28 Responsible authorities should try to conclude any discussions with the applicant in goodtime before the hearing. If the application is amended at the last moment, the licensingcommittee should consider giving other persons time to address the revised applicationbefore the hearing commences.9.29 Regulations made under the 2003 Act require that representations must be withdrawn 24hours before the first day of any hearing. If they are withdrawn after this time, the hearingmust proceed and the representations may be withdrawn orally at that hearing. However,where discussions between an applicant and those making representations are taking placeand it is likely that all parties are on the point of reaching agreement, the licensing authoritymay wish to use the power given within the hearings regulations to extend time limits, if itconsiders this to be in the public interest.9.30 Applicants should be encouraged to contact responsible authorities before formulatingtheir applications so that the mediation process may begin before the statutory time limitscome into effect after submission of an application. The hearing process must meet therequirements of regulations made under the 2003 Act. Where matters arise which are notcovered by the regulations, licensing authorities may make arrangements as they see fit aslong as they are lawful.9.31 There is no requirement in the 2003 Act for responsible authorities that have maderepresentations to attend, but it is generally good practice and assists committees inreaching more informed decisions. Where several responsible authorities within a localauthority have made representations on an application, a single local authority officer mayrepresent them at the hearing if the responsible authorities and the licensing authorityagree. This local authority officer representing other responsible authorities may be alicensing officer, but only if this licensing officer is acting as a responsible authority onbehalf of the licensing authority and has had no role in the licensing determination process.This is to ensure that the responsible authorities are represented by an independent officerseparate from the licensing determination process.9.32 As noted in paragraphs 9.13 to 9.19 above, where the licensing officer is acting as aresponsible authority the relevant steps should be followed to ensure that this individualhas no role in the decision making process regarding the licensing determination.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200373
9.33 As a matter of practice, licensing authorities should seek to focus the hearing on thesteps considered appropriate to promote the particular licensing objective or objectivesthat have given rise to the specific representation and avoid straying into undisputed areas.A responsible authority or other person may choose to rely on their written representation.They may not add further representations to those disclosed to the applicant prior to thehearing, but they may expand on their existing representation.9.34 In determining the application with a view to promoting the licensing objectives in the overallinterests of the local community, the licensing authority must give appropriate weight to:• the steps that are appropriate to promote the licensing objectives;• the representations (including supporting information) presented by all the parties;• this Guidance;• its own statement of licensing policy.9.35 The licensing authority should give its decision within 5 working days of the conclusion ofthe hearing (or immediately in certain specified cases) and provide reasons to support it.This will be important if there is an appeal by any of the parties. Notification of a decisionmust be accompanied by information on the right of the party to appeal. After consideringall the relevant issues, the licensing authority may grant the application subject to suchconditions that are consistent with the operating schedule. Any conditions imposed must beappropriate for the promotion of the licensing objectives; there is no power for the licensingauthority to attach a condition that is merely aspirational. For example, conditions maynot be attached which relate solely to the health of customers rather than their directphysical safety.9.36 Alternatively, the licensing authority may refuse the application on the grounds that this isappropriate for the promotion of the licensing objectives. It may also refuse to specify adesignated premises supervisor and/or only allow certain requested licensable activities.In the interests of transparency, the licensing authority should publish hearings proceduresin full on its website to ensure that those involved have the most current information.9.37 In the context of variations or minor variations, which may involve structural alteration toor change of use of a building, the decision of the licensing authority will not exempt anapplicant from the need to apply for building control approval, planning permission or bothof these where appropriate.DETERMINING ACTIONS THAT ARE APPROPRIATE FOR THE PROMOTION OF THE LICENSINGOBJECTIVES9.38 Licensing authorities are best placed to determine what actions are appropriate for thepromotion of the licensing objectives in their areas. All licensing determinations should be74 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 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 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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