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

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11.27 Where the licensing authority is conducting a review on the grounds that the premiseshave been used for criminal purposes, its role is solely to determine what steps should betaken in connection with the premises licence, for the promotion of the crime preventionobjective. It is important to recognise that certain criminal activity or associated problemsmay be taking place or have taken place despite the best efforts of the licence holder andthe staff working at the premises and despite full compliance with the conditions attachedto the licence. In such circumstances, the licensing authority is still empowered to takeany appropriate steps to remedy the problems. The licensing authority’s duty is to takesteps with a view to the promotion of the licensing objectives in the interests of the widercommunity and not those of the individual licence holder.11.28 As explained above, it is not the role of a licensing authority to determine the guilt orinnocence of individuals charged with licensing or other offences committed on licensedpremises. There is therefore no reason why representations giving rise to a review of apremises licence need be delayed pending the outcome of any criminal proceedings. Asstated above, at the conclusion of a review, it will be for the licensing authority to determineon the basis of the application for the review and any relevant representations made,what action needs to be taken for the promotion of the licensing objectives in respect ofthe licence in question, regardless of any subsequent judgment in the courts about thebehaviour of individuals.11.29 There is certain criminal activity that may arise in connection with licensed premises whichshould be treated particularly seriously. These are the use of the licensed premises:• for the sale and distribution of Class A drugs and the laundering of the proceeds of drugscrime;• for the sale and distribution of illegal firearms;• for the evasion of copyright in respect of pirated or unlicensed films and music, which doesconsiderable damage to the industries affected;• for the illegal purchase and consumption of alcohol by minors which impacts on the health,educational attainment, employment prospects and propensity for crime of young people;• for prostitution or the sale of unlawful pornography;• by organised groups of paedophiles to groom children;• as the base for the organisation of criminal activity, particularly by gangs;• for the organisation of racist activity or the promotion of racist attacks;• for knowingly employing a person who is unlawfully in the UK or who cannot lawfully beemployed as a result of a condition on that person’s leave to enter;AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 200395
• for unlawful gambling; and• for the sale of smuggled tobacco and alcohol.11.30 It is envisaged that licensing authorities, the police and other law enforcement agencies,which are responsible authorities, will use the review procedures effectively to deter suchactivities and crime. Where reviews arise and the licensing authority determines that thecrime prevention objective is being undermined through the premises being used to furthercrimes, it is expected that revocation of the licence – even in the first instance – shouldbe seriously considered. We would also encourage liaison with the local Community SafetyPartnership.11.31 As noted below (Chapter 13, paragraph 13.59), it is unlawful to discriminate or to refuseservice on grounds of race, disability, gender reassignment, pregnancy and maternity,religion and belief, sex and sexual orientation or by displaying discriminatory signs on thepremises. Representations made about such activity from responsible authorities or otherpersons would be relevant to the promotion of the crime prevention objective and justifiablygive rise to a review.REVIEW OF A PREMISES LICENCE FOLLOWING CLOSURE ORDER11.32 Licensing authorities are subject to certain timescales, set out in the legislation, for thereview of a premises licence following a closure order. The relevant time periods runconcurrently and are as follows:• when the licensing authority receives notice that a magistrates’ court has made a closureorder it has 28 days to determine the licence review - the determination must be madebefore the expiry of the 28th day after the day on which the notice is received;• the hearing must be held within 10 working days, the first of which is the day after the daythe notice from the magistrates’ court is received;• notice of the hearing must be given no later than 5 working days before the first hearing day(there must be five clear working days between the giving of the notice and the start ofthe hearing).REVIEW OF A PREMISES LICENCE FOLLOWING PERSISTENT SALES OF ALCOHOL TO CHILDREN11.33 Where persistent sales of alcohol to children have occurred at premises, responsibleauthorities should consider applying for a review of the licence, whether there has been aprosecution for the offence under section 147A or a closure notice has been given undersection 169A of the 2003 Act. In determining the review, the licensing authority shouldconsider revoking the licence if it considers this outcome is appropriate. Responsibleauthorities should consider taking steps to ensure that a review of the licence is routine inthese circumstances.96 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
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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.
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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 and 94: 11.12 If the application for a revi
Page 95: 11.22 For example, licensing author
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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