Licensing objectives
The
Licensing
Act 2003 ("the Act") requires each licensing authority to carry
out its duties with a view to promoting four licensing objectives.
These are:
- the prevention of crime and disorder;
- public safety;
- the prevention of public nuisance;
- the protection of children from harm.
These objectives comprise the basis
on which the licensing authority determines what is in the overall
public interest when carrying out its functions. A licensing
authority may only restrict licensable activities where it is
necessary for the promotion of these licensing objectives. Each
objective is of equal importance.
Any representations about the grant
of a licence or grounds for a
review of an existing licence should relate to
the promotion of the licensing objectives.
When applying for a
premises licence the applicant must submit an
operating schedule that includes a statement of the steps he
proposes to take to promote the licensing objectives.
Frequently asked questions
- What is the purpose of licensing
objectives?
- Who decided upon the licensing
objectives?
- What is a licensing policy statement and
what is its purpose?
- Who must licensing authorities consult
when producing the licensing policy?
- Can the licensing authority deal with
cumulative impact in its licensing policy?
- Can a statement of licensing policy
prescribe the imposition of standard conditions for all premises
licences or club premises certificates?
1. What is the purpose of licensing
objectives?
The licensing objectives
establish the tests against which a licensing authority carries out
its duties for the new licensing regime. They aim to ensure that
everybody involved in the licensing regime is focused on common
goals essential to the fair balance of differing interests and the
well being of communities in relation to licensable
activities.
2. Who decided upon the licensing
objectives?
The four licensing objectives
were developed by the Government following extensive and detailed
consultation and a lengthy review of the existing law conducted
between 1998 and 2001.
3. What is a licensing policy statement and
what is its purpose?
Section 5 of the Act requires a
licensing authority to prepare and publish a statement of its
licensing policy every three years. Such a
policy must be published before the authority carries out any of
its other licensing functions under the Act. The policy must be
kept under review and revised as appropriate.
The policy is a statement of how the
licensing authority intends to exercise its licensing functions and
must itself be prepared with a view to promoting the licensing
objectives.
It may state the authority's general
approach to making licensing decisions and the regulation of
licensable activities. It will provide transparency for all those
involved in the licensing regime, including local residents and
applicants for licences, who will be able to refer to the statement
when making representations or when preparing their
applications.
It should also say how the authority's
approach to licensing will be integrated with their planning, crime
prevention, transport and cultural strategies and any action plan
or strategy for the management of the evening economy.
4. Who must licensing authorities consult
when producing the licensing policy?
In preparing its policy the
licensing authority is required to consult the police, the fire
authority, representatives of personal
licence holders, premises licence holders and club
premises certificate holders, and representatives of businesses
and residents.
5. Can the licensing authority deal with
cumulative impact in its licensing policy?
Cumulative impact concerns the
potential impact on the promotion of the licensing objectives of a
concentration of types of licensed premises in one area.
In their licensing
policy statements, licensing authorities can take into account
the effect that a particularly high concentration of a type of
licensed premises might have on the promotion of the licensing
objectives.
Subject to consultation, they will be
able to make clear in their licensing
policy that they consider a particular area could cope with no
more premises of a particular type and that there would be a
general presumption against granting any more licences for premises
of that type in that area. However, the policy should not be
absolute and applications for a premises
licence must still be considered on a case-by-case basis.
6. Can a statement of licensing policy
prescribe the imposition of standard conditions for all premises
licences or club premises certificates?
No. Conditions attached to a
premises licence have to be necessary (and not
just aspirational) for the promotion of the licensing objectives
and must be tailored to the individual style and characteristics of
the premises and activities undertaken there. Standardised
conditions should be avoided and could be unlawful.
It is however acceptable for licensing
authorities to draw attention in their statements of policy to
pools of conditions from which necessary and proportionate
conditions may be drawn in appropriate circumstances.
Where no relevant representations are
made about an application for or application to vary a premises
licence, the licensing authority cannot impose any conditions other
than those which are mandatory under the Act.
Last Updated on 6/12/2012