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

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considered on a case-by-case basis. They should take into account any representationsor objections that have been received from responsible authorities or other persons, andrepresentations made by the applicant or premises user as the case may be.9.39 The authority’s determination should be evidence-based, justified as being appropriatefor the promotion of the licensing objectives and proportionate to what it is intendedto achieve.9.40 Determination of whether an action or step is appropriate for the promotion of the licensingobjectives requires an assessment of what action or step would be suitable to achieve thatend. Whilst this does not therefore require a licensing authority to decide that no lesserstep will achieve the aim, the authority should aim to consider the potential burden thatthe condition would impose on the premises licence holder (such as the financial burdendue to restrictions on licensable activities) as well as the potential benefit in terms of thepromotion of the licensing objectives. However, it is imperative that the authority ensuresthat the factors which form the basis of its determination are limited to considerationof the promotion of the objectives and nothing outside those parameters. As with theconsideration of licence variations, the licensing authority should consider wider issuessuch as other conditions already in place to mitigate potential negative impact on thepromotion of the licensing objectives and the track record of the business. Further adviceon determining what is appropriate when imposing conditions on a licence or certificate isprovided in Chapter 10. The licensing authority is expected to come to its determinationbased on an assessment of the evidence on both the risks and benefits either for oragainst making the determination.CONSIDERING CASES WHERE LICENSING AND PLANNING APPLICATIONS ARE MADESIMULTANEOUSLY9.41 Where businesses have indicated, when applying for a licence under the 2003 Act, thatthey have also applied for planning permission or that they intend to do so, licensingcommittees and officers should consider discussion with their planning counterparts priorto determination with the aim of agreeing mutually acceptable operating hours and schemedesigns.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200375
10. Conditions attached to premises licencesand club premises certificatesGENERAL10.1 This chapter provides advice and recommendations concerning best practice in relation toconditions attached to premises licences and club premises certificates.10.2 Conditions include any limitations or restrictions attached to a licence or certificate andessentially are the steps or actions that the holder of the premises licence or the clubpremises certificate will be required to take or refrain from taking in relation to the carryingon of licensable activities at the premises in question.10.3 All interests – licensing authorities; licence and certificate holders; authorised persons;the police; other responsible authorities; and local residents and businesses – should beworking together in partnership to ensure collectively that the licensing objectivesare promoted.10.4 The courts have made it clear that it is particularly important that conditions whichare imprecise or difficult for a licence holder to observe should be avoided. Failure tocomply with any conditions attached to a licence or certificate is a criminal offence,which on conviction would be punishable by a fine of up to £20,000 or up to six monthsimprisonment or both.10.5 There are three types of condition that may be attached to a licence or certificate: proposed,imposed and mandatory. Each of these categories is described in more detail below.PROPOSED CONDITIONS10.6 The conditions that are appropriate for the promotion of the licensing objectives shouldemerge initially from the risk assessment carried out by a prospective licence or certificateholder, which they should carry out before making their application for a premises licence orclub premises certificate. This would be translated into the steps recorded in the operatingschedule or club operating schedule, which must also set out the proposed hours duringwhich licensable activities will be conducted and any other hours during which the premiseswill be open to the public.10.7 In order to minimise problems and the necessity for hearings, it would be sensible forapplicants and clubs to consult with responsible authorities when schedules are beingprepared. Proper liaison may avoid the need for representations.10.8 Conditions should be appropriate, proportionate and justifiable in meeting the licensingobjectives. They should be written in a prescriptive format and be readily understood andenforceable.10.9 It is also not acceptable for licensing authorities to simply replicate the wording from anapplicant’s operating schedule. A condition should be interpreted in accordance with theapplicant’s intention. Conditions should be appropriate for the promotion of the licensingobjectives and easily enforceable.76 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
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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 74 and 75: HEARINGS9.27 Regulations governing
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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