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

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POWERS OF A LICENSING AUTHORITY ON THE DETERMINATION OF A REVIEW11.17 The 2003 Act provides a range of powers for the licensing authority which it may exerciseon determining a review where it considers them appropriate for the promotion of thelicensing objectives.11.18 The licensing authority may decide that the review does not require it to take any furthersteps appropriate to promote the licensing objectives. In addition, there is nothing toprevent a licensing authority issuing an informal warning to the licence holder and/or torecommend improvement within a particular period of time. It is expected that licensingauthorities will regard such informal warnings as an important mechanism for ensuring thatthe licensing objectives are effectively promoted and that warnings should be issued inwriting to the licence holder.11.19 However, where responsible authorities like the police or environmental health officers havealready issued warnings requiring improvement – either orally or in writing – that have failedas part of their own stepped approach to address concerns, licensing authorities shouldnot merely repeat that approach and should take this into account when considering whatfurther action is appropriate.11.20 Where the licensing authority considers that action under its statutory powers isappropriate, it may take any of the following steps:• to modify the conditions of the premises licence (which includes adding new conditions orany alteration or omission of an existing condition), for example, by reducing the hours ofopening or by requiring door supervisors at particular times;• to exclude a licensable activity from the scope of the licence, for example, to exclude theperformance of live music or playing of recorded music (where it is not within the incidentallive and recorded music exemption);• to remove the designated premises supervisor, for example, because they consider that theproblems are the result of poor management;• to suspend the licence for a period not exceeding three months;• to revoke the licence.11.21 In deciding which of these powers to invoke, it is expected that licensing authoritiesshould so far as possible seek to establish the cause or causes of the concerns that therepresentations identify. The remedial action taken should generally be directed at thesecauses and should always be no more than an appropriate and proportionate response.AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200393
11.22 For example, licensing authorities should be alive to the possibility that the removal andreplacement of the designated premises supervisor may be sufficient to remedy a problemwhere the cause of the identified problem directly relates to poor management decisionsmade by that individual.11.23 Equally, it may emerge that poor management is a direct reflection of poor companypractice or policy and the mere removal of the designated premises supervisor may be aninadequate response to the problems presented. Indeed, where subsequent review hearingsare generated by representations, it should be rare merely to remove a succession ofdesignated premises supervisors as this would be a clear indication of deeper problemsthat impact upon the licensing objectives.11.24 Licensing authorities should also note that modifications of conditions and exclusions oflicensable activities may be imposed either permanently or for a temporary period of up tothree months. Temporary changes or suspension of the licence for up to three months couldimpact on the business holding the licence financially and would only be expected to bepursued as an appropriate means of promoting the licensing objectives. So, for instance, alicence could be suspended for a weekend as a means of deterring the holder from allowingthe problems that gave rise to the review to happen again. However, it will always beimportant that any detrimental financial impact that may result from a licensing authority’sdecision is appropriate and proportionate to the promotion of the licensing objectives. Butwhere premises are found to be trading irresponsibly, the licensing authority should nothesitate, where appropriate to do so, to take tough action to tackle the problems at thepremises and, where other measures are deemed insufficient, to revoke the licence.REVIEWS ARISING IN CONNECTION WITH CRIME11.25 A number of reviews may arise in connection with crime that is not directly connected withlicensable activities. For example, reviews may arise because of drugs problems at thepremises; money laundering by criminal gangs, the sale of contraband or stolen goods, orthe sale of firearms. Licensing authorities do not have the power to judge the criminality orotherwise of any issue. This is a matter for the courts of law. The licensing authority’s rolewhen determining such a review is not therefore to establish the guilt or innocence of anyindividual but to ensure the promotion of the crime prevention objective.11.26 Reviews are part of the regulatory process introduced by the 2003 Act and they are notpart of criminal law and procedure. Some reviews will arise after the conviction in thecriminal courts of certain individuals, but not all. In any case, it is for the licensing authorityto determine whether the problems associated with the alleged crimes are taking place onthe premises and affecting the promotion of the licensing objectives. Where a review followsa conviction, it would also not be for the licensing authority to attempt to go beyond anyfinding by the courts, which should be treated as a matter of undisputed evidencebefore them.94 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003
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Contents1. Introduction............
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LICENSING POLICIES1.11 Section 5 of
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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
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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
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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
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VEHICLES5.19 Under the 2003 Act, al
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5.29 Venues that are permanent or p
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6.7 The 2003 Act does not prevent v
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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 and 92: 11. ReviewsTHE REVIEW PROCESS11.1 T
Page 93: 11.12 If the application for a revi
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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Amended guidance issued under section 182 of the Licensing Act ...

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