Table Of Content

OCTOBER 2010 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003 AMENDED GUIDANCE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003 OCTOBER 2010 Presented to Parliament pursuant to Section 182 of the Licensing Act 2003 3 ISBN: 978-1-84987-349-9 4 Guidance issued under section 182 of the Licensing Act 2003 Guidance issued under section 182 of the Licensing Act 2003 Issued by The Home Secretary These Guidance Amendments come into force immediately upon laying. This document represents the Guidance and is issued by the Home Secretary. The Guidance has been published on the Home Office website and on UK Online.Any local authority or other organisation is free to publish the Guidance on its own website or provide an appropriate link to either of these websites. The Guidance has been prepared in consultation with other Government Departments,executive agencies and an Advisory Group comprising stakeholder representatives. It will be kept under constant review in consultation with key stakeholder groups and will be amended or supplemented as necessary at any time. 5 Guidance issued under section 182 of the Licensing Act 2003 6 Guidance issued under section 182 of the Licensing Act 2003 Contents 1. Introduction 11 3.16 Private events 30 1.1 The Licensing Act 2003 11 3.20 Incidental music 31 1.2 Licensing objectives and aims 11 3.24 Spontaneous music, singing and dancing 32 1.5 The Guidance 12 3.25 Small venues providing dancing 1.9 Licensing policies 13 and amplified or unamplified music 32 1.11 Licensable activities 13 3.32 Late night refreshment 33 1.13 Authorisations 13 4. Personal licences 35 1.14 General principles 13 1.23 Related legislation and strategies 15 4.2 Requirements for a personal licence 35 4.3 Who can apply 35 2. The licensing objectives 18 4.5 Criminal record 36 2.1 Crime and disorder 18 4.11 Issuing of personal licences 2.19 Public safety 21 by Welsh licensing authorities 37 2.32 Public nuisance 23 4.12 Licensing qualifications 37 2.41 Protection of children from harm 25 4.14 Relevant licensing authority 37 4.15 Changes in name or address 37 3. Licensable activities 28 4.17 Central licensing register 37 3.1 Summary 28 4.18 Renewal 37 3.2 Wholesale of alcohol 28 4.19 Specification of new designated 3.6 Internet and mail order sales 28 premises supervisors 38 3.8 Regulated entertainment 29 4.25 Police objections to new supervisors 38 3.9 Entertainment 29 4.31 Police objections to existing supervisors 39 3.10 Entertainment facilities 29 4.32 Convictions and liaison 3.15 Pub games 30 with the courts 39 4.34 Relevant offences 40 4.35 Disapplication of certain mandatory conditions for community premises 40 7 Guidance issued under section 182 of the Licensing Act 2003 5. Who needs a premises licence? 44 7. Temporary event notices 54 5.2 Relevant parts of the Act 44 7.2 General 54 5.4 Premises licensed for gambling 45 7.5 Limitations 54 5.5 Designated sports grounds, 7.9 Who can give a temporary event notice? 55 designated sports events and 7.14 Notified premises 56 major outdoor sports stadia 45 7.15 Notification arrangements 56 5.10 Sports stadia with roofs that open and close 46 7.20 Role of the licensing authority 57 5.11 Vessels 46 7.26 Police intervention 58 5.18 International airports and ports 47 8. Applications for premises licences 59 5.20 Vehicles 47 8.1 Relevant licensing authority 59 5.22 Trains and aircraft 47 8.3 Authorised persons 59 5.23 Garages 48 8.5 Interested parties 59 5.26 Large scale temporary events 8.9 The Role of Local Councillors 60 requiring premises licences 48 8.16 Responsible authorities 61 5.29 Additional fees for large scale events 49 8.22 Who can apply for a premises licence? 62 6 . Club premises certificates 50 8.28 Application forms 63 6.2 General 50 8.40 Plans 65 6.9 Qualifying conditions 51 8.41 Steps to promote the licensing objectives 65 6.10 Associate members and guests 51 8.46 Variations 66 6.11 Applications for the grant or 8.81 Relaxation of opening hours for local, variation of club premises certificates 52 national or international occasions 71 6.13 Steps needed to promote the 8.85 Advertising applications 72 licensing objectives 52 8.95 Applications to change the 6.16 Sex equality 53 designated premises supervisor 73 6.17 Temporary event notices 53 8.96 Provisional statements 73 8.108 Transfers of premises licences 75 8.112 Interim authorities 76 8.119 Right of freeholders to be notified of licensing matters 77 8 Guidance issued under section 182 of the Licensing Act 2003 9. Determining applications 78 10.40 Large capacity venues used exclusively or primarily for 9.1 General 78 ‘vertical’consumption 9.2 Where no representations are made 78 of alcohol (HVVDs) 90 9.3 Where representations are made 78 10.43 Mandatory conditions 90 10.44 Designated premises supervisor 90 9.8 Relevant,vexatious and frivolous representations 79 10.47 Authorisation by personal licence holders 91 9.14 Disclosure of personal details 10.53 Arrangements for the new of interested parties 80 mandatory conditions 92 9.19 Hearings 81 10.56 Irresponsible promotions 93 10.58 Drinking Games 94 10. Conditions attached to premises licences 10.59 Large Quantities of Alcohol For and club premises certificates 83 Free or A Fixed Price 94 10.1 General 83 10.60 Prizes and Rewards 94 10.7 Proposed conditions 83 10.61 Sporting Events 94 10.9 Consistency with steps described 10.62 Posters and Flyers 94 in operating schedule 83 10.63 Dispensing alcohol directly into the mouth 95 10.11 Imposed conditions 84 10.64 Free tap water 95 10.13 Proportionality 84 10.65 Age-verification 95 10.15 Duplication with other statutory provisions 85 10.69 Smaller Measures 95 10.19 Hours of trading 85 10.73 Exhibition of films 96 10.22 Workers rights 86 10.77 Door supervision 96 10.23 Disabled people 86 11. Reviews 98 10.29 Race equality 87 10.30 The performance of plays 87 11.1 The review process 98 10.31 Censorship 87 11.12 Repetitious representations 99 10.32 Copyright and royalties 88 11.16 Powers of a licensing authority 10.33 Major art and pop festivals, on the determination of a review 100 carnivals,fairs and circuses 88 11.23 Reviews arising in connection 10.38 Fixed Pricess 89 with crime 101 11.29 Review of a premises licence following closure order 102 9 Guidance issued under section 182 of the Licensing Act 2003 12. Appeals 103 13.53 Children and cinemas 114 12.2 General 103 13.55 Integrating strategies 115 12.7 Licensing policy statements 13.56 Crime prevention 115 and section 182 Guidance 103 13.57 Cultural strategies 115 12.9 Giving reasons for decisions 104 13.61 Transport 116 12.10 Implementing the determination 13.62 Tourism and employment 116 of the magistrates’courts 104 13.64 Planning and building control 116 12.11 Provisional statements 104 13.69 Promotion of racial equality 117 13. Statements of licensing policy 105 13.70 Live music,dancing and theatre 117 13.2 General 105 13.76 Administration,exercise and delegation of functions 118 13.6 Consultation on policies 105 13.79 Recommended delegation 13.13 Fundamental principles 106 of functions 120 13.19 Duplication 107 13.20 Standardised conditions 107 Annexes 13.21 Enforcement 108 A Schedule 1 to the Licensing Act 2003 13.23 The need for licensed premises 108 (regulated entertainment) 121 13.24 The cumulative impact of a concentration of licensed premises 108 B Schedule 2 to the Licensing Act 2003 13.24 What is cumulative impact? 108 (late night refreshment) 126 13.26 Evidence of cumulative impact 109 13.29 Effect of special policies 109 C Schedule 4 to the Licensing Act 2003 (relevant offences) 129 13.33 Limitations on special policies relating to cumulative impact 110 D Pools of conditions 133 13.39 Other mechanisms for controlling cumulative impact 111 E Useful information and contacts 150 13.40 Licensing hours 112 13.43 Children 112 Index 155 13.52 Responsible authority and children 114 10