01332 340 211

Revised Guidance

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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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