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Licensing Act 2003 Update 2014

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27 October 2014 – New Revised Guidance

The guidance issued under Section 182 of the Licensing Act 2003 has been revised again.

The amendments are required following the coming into force of new statutory instruments. In Chapter 7, the guidance refers to
the changes to the Temporary Event Notice forms where premises are proposing to provide relevant entertainment for example lap dancing. Reference is also made to the changes to the mandatory conditions that have recently been introduced and reference is also made to clarifying aspects of the process for EMRO’s.

There are also a number of minor revisions to clarify the advice to Licensing Authorities about such matters as use of health data to underpin decisions based on what is appropriate to promote the licensing objectives, advice on whether they wish to consider conditions to prevent the sale of new psychoactive substances and clarification that it is an offence to store counterfeit alcohol on licensed premises and that cumulative impact policies can apply to premises which do not supply alcohol such as late night refreshment venues.

For further information, please contact Andrew Cochrane.

22 September 2014 – Licensing Act 2003 (permitted temporary activities) (notices) (amendment) Regulations 2014

These regulations will come into force on the 1 October and will amend the prescribed temporary event notices forms so that anybody applying for a temporary event, who is intending to use their premises for “any live performance or live display of nudity seeking to sexually stimulate the audience”, for example, lap dancing and pole dancing, will be required to provide information about their intended use of the premises.

There is an additional box on the form which asks if the licensable activities proposed will include the provision of relevant entertainment and relevant entertainment is as detailed above.

It is worth remembering that if premises are proposing to have more than eleven occasions upon which such entertainment is to be provided within a period of twelve months then authorisation under the Local Government (Miscellaneous Provisions) Act 1982 would also be required.

If you need any further information, please contact Karen Cochrane.

11 July 2014 – Revised Guidance

The Home Office has revised the guidance issued under Section 182 of the Licensing Act 2003. This was done on the 4 June 2014 to take into account the effects of the Licensing Act 2003 (Mandatory Conditions) Order of 2014 which bans the sale of alcohol below the cost of duty plus VAT.

This is now a mandatory condition in addition to the existing mandatory conditions governing irresponsible drinks, promotions, dispensing alcohol directly into the mouth, provision of free tap water, age verification and
small measures.

Whilst reviewing the guidance to incorporate the new mandatory condition, the Home Office has clarification also made a few
further minor changes to the guidance.

Mention is now made that : –

  1.  it would be perfectly reasonable for an Authority to impose a condition following relevant representation that requires the Licence Holder to place signs at the exit from buildings encouraging patrons to be quiet until they leave the area or that if they wish to smoke to do so at designated places on the premises and to respect the rights of people living nearby to a peaceful night.
  2. an applicant who is not ordinarily resident in a Licensing Authority’s area, which may include persons living outside England and Wales may apply for the grant of a Personal Licence to any Licensing Authority in England and Wales.
  3. Licences may be required for the use of copyright work.

Also, a footnote has been added to state that the final decision to make an Early Morning Restriction Order (or to vary or revoke one) must be made by the full Council of the Licensing Authority.

For more information, please contact Karen Cochrane.

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