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The Licensing Act 2003 is now in full swing. All the Regulations have been issued as Statutory Instruments
and can be accessed on this web page. The Guidance, designed by government to interpret the Act for use by
Licensing Authorities (LAs), is under review in order to ensure a level playing field.
It has been realized that the balance was too much in favour of applicants for premises licences to the
disadvantage of objectors.
The Regulations describe the forms, the advertisements and the fees for applicants and also the manner
of conduct of hearings of objections. Advice on the rights of objectors are also published by the DCMS.
Each Licensing Authority has had to devise a Licensing Policy to inform applicants of its local concerns.
Licensing policies are to be reviewed every three years, and this provides an opportunity to modify the
policy if problems have developed that are not dealt with in the policy.
The key to the Act are the four licensing objectives. They are
1. the prevention of crime and disorder
2. public safety
3. the prevention of public nuisance
4. the protection of children from harm
Public nuisance is not defined but is not meant to be interpreted in the strict legal sense.
There are four actors in the process. There is the applicant and three groups, ‘responsible authorities’,
‘authorized persons’ and ‘interested parties’. The latter group comprises residents and businesses and
any bodies representing them.
There are limited opportunities for residents and residents associations to influence the decisions to be
taken by LAs. There are several stages in which as ‘interested parties’ their influence can be felt.
Appendix A gives some advice on the matters that merit concern on which views can be
expressed to the local Licensing Authority.
Secondly, what powers do residents and residents associations have over the issuing of licences?
There are three ways in which they can express their concerns. They can object to changes to an existing licence, they can object to a new Premises Licence and they can seek a review of an existing licence. These are outlined in Appendix B.
Appendix A
Licensing Policy
1. It is most important to persuade the Licensing Officer to form a liaison group. It is recommended but not prescribed
in the Government Guidance. It could include representatives of the licensed trade, the police,
refuse collection department, local transport organisations including buses and taxis, local business organisations,
the Accident & Emergency Unit at the local District General Hospital as well as relevant residents and their
associations. At group meetings problems can be discussed, solutions suggested, and problems may be prevented.
2. In order to ensure there is a known base line, Licensing Authorities (LAs) are supposed to have details of
the current crime, disorder, noise and nuisance problems in the various areas under their supervision.
The police may be reluctant to release such data, but it is vital to ensure LAs collect it.
3. A ‘Cumulative Impact Zone’ in your local Licensing Policy, which covers an area of many licensed premises,
provides more control over premises applications. If such a zone is not included and there are problems in
your area, applications to include one can be made when the review of the local Licensing Policy takes place.
4. Conditions, that might be needed, should have been included in the Policy document. These comprise sound-proofing,
CCTV, doormen, the prevention of the escape of unwanted smells, clear indication of the areas to be used for the
consumption of alcoholic refreshment.
5. Discounted alcoholic refreshment, such as ‘two-for-the price-of-one’, ‘as much as you can
drink for a fixed sum’,etc., should be criticised as being undesirable, because it does not promote the four licensing
objectives.
6. Limitation of opening hours has been specifically banned from Licensing Policies, but if it exists in the
planning consent, then it can be maintained.
7. The method of advertisement of applications may need to be discussed with the Licensing Officer. It would be helpful
if ‘interested parties’ were informed with hard copy, but applications could and should be posted on Local Authority web
sites in the way that planning applications can be accessed. The availability of documents must be discussed, so
that ‘interested parties’ can see all the relevant papers in files not dissimilar to those prepared by planning
departments.
Appendix B
1. The legislation states that a Premises Licence must be granted without debate if there are no objections.
No objections can be raised if the application for a Premises Licence involves no change from the existing licence.
If changes to the premises licence are proposed and the advertisement on the premises does not meet the regulations,
objections should be made to the Licensing Officer. The application may then be refused.
2. Much trouble could be avoided if residents discuss concerns over premises licence applications with the applicant
at an early stage.
3. Residents and residents associations can object to the issuing of Premises Licence if any changes are proposed
to an existing licence. Such objections must be based on evidence relating to the particular premises seeking the
licence. It is vital to collect such evidence, so that adequate data can be provided should an objection be made.
This should include any instances of nuisance, noise or anti-social behaviour with time, date and place, and
should be substantiated by ensuring that the local authority Environment Health Department and the Police
know of each incident. It would also be wise to seek the data that the police collect from their involvement
in crime and disorder.
4. Residents and residents associations can object to the issuing of a new Premises Licence. If this is for
premises without relevant planning consent, obviously an approach to the Local Authorities Planning Department
is the first step. The Guidance makes plain that the various bodies involved in the use of a building - planning,
building regulations, police, fire service, environmental health department, etc. - all have an interest, and
when a planning application is placed the opportunity to object to it or to insist on appropriate conditions arises.
If planning consent exists but without an opening hours condition, then the need for evidence of likely problems
in relation to those already existing will be essential. Cooperation with other ‘interested parties’ and their support
will enhance any resident’s objection.
5. Residents and residents associations can seek a review of a Premises Licence if the conditions of the
licence are being breached or if nuisance, noise, crime and disorder are occurring as a result of the management
of particular premises. It will be difficult to seek a review of several premises that are causing problems,
because the legislation currently excludes this as a possibility. Here cooperation and support from other
‘interested parties’ will be essential to make a cogent case.
There is always the risk of being accused of being ‘frivolous, vexatious, repetitious’, so circumspection
is essential. If the police object or wish to review a licence, it will be of value in the long run to be
associated with their objection or review. Any proceedings occurring in a Licensing Authority’s hearing runs
no risk of costs being awarded against the objector. Any ‘interested party’ and the applicant can go to Appeal in a
Magistrate’s Court regarding a decision taken by the Licensing Authority, but costs may be awarded against the
losing party.
Concerns about applications for a premises licence may be solved by adding conditions to the licence.
The need for doormen, CCTV, sound-limiters, sound-proofing can all be relevant and added to a licence. The question of
adequate transport to take patrons away from the licensed premises may be raised. The presence or
absence of an appropriate police force in the vicinity can be critical in preventing the problems that residents fear.
The concerns about ‘anti-social behaviour’ may be resolved by approaching the police about certain individuals.
The provision of public toilets open at night is a matter that may need to be raised with the local Council.
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