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Licensing application conditions – Changes to the Licensing Act 2003

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In the third of our series, I will consider the burden of proof that Licensing Authorities will have to apply when determining Licensing applications and imposing conditions on Licences.

Currently, Licensing Authorities are only able to take a particular action if it is deemed “necessary” for the promotion of licensing objectives.  This wording is being amended so the Licensing Authority can make a decision if it is deemed “appropriate” for the promotion of the licensing objectives.

This has lead to a lot of debate about what in practical terms that difference will mean for example can it be appropriate to impose a condition on a Licence if it is not necessary?  Doubtless, these finer points of the Law will be ironed out by the Courts in due course.  The Governments thinking about this amendment, however, is that Licensing Authorities should be able to apply a lower evidential burden when deciding what conditions should be imposed on Licences.

Should you require any further information please do not hesitate to contact Andrew Cochrane on 01332 226151/07720 414598.

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