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

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separation of responsibilities can be found in Chapter 9, paragraphs 9.13 to 9.19 ofthis Guidance.11.7 Any application for a review received by the licensing authority from responsible authoritiesand any other persons should be given due consideration and treated by the authority inprecisely the same way, regardless of the body or individual which made it. This includesan application made by the local authority acting in a separate capacity (for example,environmental health or child protection).11.8 In every case, any application for a review must relate to particular premises in respectof which there is a premises licence or club premises certificate and must be relevant tothe promotion of one or more of the licensing objectives. Following the grant or variation ofa licence or certificate, a complaint regarding a general issue in the local area relating tothe licensing objectives, such as a general (crime and disorder) situation in a town centre,should generally not be regarded as a relevant representation unless it can be positivelytied or linked by a causal connection to particular premises, which would allow for aproper review of the licence or certificate. For instance, a geographic cluster of complaints,including along transport routes related to an individual public house and its closing time,could give grounds for a review of an existing licence as well as direct incidents of crimeand disorder around a particular public house.11.9 Where a licensing authority receives a geographic cluster of complaints, the authority mayconsider whether these issues are the result of the cumulative impact of licensed premiseswithin the area concerned. In such circumstances, the authority may also consider whetherit would be appropriate to include a special policy relating to cumulative impact within itslicensing policy statement. Further guidance on cumulative impact policies can be found inChapter 13 of this Guidance.11.10 Representations must be made in writing and may be amplified at the subsequenthearing or may stand in their own right. Additional representations which do not amountto an amplification of the original representation may not be made at the hearing.Representations may be made electronically, provided the licensing authority agrees andthe applicant submits a subsequent written representation. The licensing authority may alsoagree in advance that the representation need not be given in writing.11.11 It is important to recognise that the promotion of the licensing objectives relies heavily ona partnership between licence holders, authorised persons, responsible authorities andany other persons in pursuit of common aims. Where authorised persons and responsibleauthorities have concerns about problems identified at premises, it is good practice forthem to give licence holders early warning of their concerns and the need for improvement,and where possible they should advise the licence or certificate holder of the stepsthey need to take to address those concerns. A failure by the holder to respond to suchwarnings is expected to lead to a decision to apply for a review. Co-operation at a local levelin promoting the licensing objectives should be encouraged and reviews should not be usedto undermine this co-operation.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200391
11.12 If the application for a review has been made by a person other than a responsible authority(for example, a local resident, residents’ association, local business or trade association),before taking action the licensing authority must first consider whether the complaint beingmade is relevant, frivolous, vexatious or repetitious. Further guidance on determiningwhether a representation is frivolous or vexatious can be found in Chapter 9 of thisGuidance (paragraphs 9.4 to 9.10).REPETITIOUS GROUNDS OF REVIEW11.13 A repetitious ground is one that is identical or substantially similar to:• a ground for review specified in an earlier application for review made in relation to thesame premises licence or certificate which has already been determined; or• representations considered by the licensing authority when the premises licence orcertificate was granted; or• representations which would have been made when the application for the premises licencewas first made and which were excluded then by reason of the prior issue of a provisionalstatement; and, in addition to the above grounds, a reasonable interval has not elapsedsince that earlier review or grant.11.14 Licensing authorities are expected to be aware of the need to prevent attempts to reviewlicences merely as a further means of challenging the grant of the licence following thefailure of representations to persuade the licensing authority on an earlier occasion. It is forlicensing authorities themselves to judge what should be regarded as a reasonable intervalin these circumstances. However, it is recommended that more than one review originatingfrom a person other than a responsible authority in relation to a particular premisesshould not be permitted within a 12 month period on similar grounds save in compellingcircumstances or where it arises following a closure order.11.15 The exclusion of a complaint on the grounds that it is repetitious does not apply toresponsible authorities which may make more than one application for a review of a licenceor certificate within a 12 month period.11.16 When a licensing authority receives an application for a review from a responsible authorityor any other person, or in accordance with the closure procedures described in Part 8 of the2003 Act (for example, closure orders), it must arrange a hearing. The arrangements for thehearing must follow the provisions set out in regulations. These regulations are publishedon the Government’s legislation website (www.legislation.gov.uk). It is particularly importantthat the premises licence holder is made fully aware of any representations made in respectof the premises, any evidence supporting the representations and that the holder or theholder’s legal representative has therefore been able to prepare a response.92 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
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• Ensuring appropriate and freque
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SAFE CAPACITIES2.28 “Safe capacit
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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
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--have given an objection notice be
Page 28 and 29:
4.26 Only one DPS may be specified
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y the licence, it would be necessar
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to the statutory conditions in resp
Page 36 and 37:
VEHICLES5.19 Under the 2003 Act, al
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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 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: 11. ReviewsTHE REVIEW PROCESS11.1 T
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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