Statement of Licensing Policy Licensing Act 2003 Sharon

Statement of Licensing Policy Licensing Act 2003 Sharon Davies

Licensing Act 2003 § Section 5 of the Act requires a licensing authority to prepare and publish a statement of licensing policy § Originally had a life span of three years, now amended to 5 years § Can also be revised at any time § Some policies being reviewed now

Why is this important? • Before determining its policy the licensing authority must consult with a number of specified bodies/people – this includes the Primary Care Trust/Local Health Board • This is your opportunity to influence and contribute to the licensing policy in your area

S. 182 Guidance • Must be taken into consideration when formulating policy • All statements should begin by stating the four licensing objectives • Policy may set out a general approach to making licensing decisions, but it must not ignore or be inconsistent with the 2003 Act. • The policy shall not override the right of any person to make representations, or to seek a review of a licence

Guidance continued • Policies need to make it clear that licensing is about regulating licensable activities on licensed premises and conditions attached will be focused on matters within the control of the licence holder • Should make it clear that licensing law is not the primary mechanism for the general control of nuisance and anti-social behaviour by individuals away from the licensed premises, but it is part of a holistic approach to the management of the evening and night-time economy.

The Licensing Objectives • • The prevention of crime and disorder Public safety Prevention of public nuisance Protection of children from harm Health is not a licensing objective, but that does not mean it has no part to play in licensing

Cumulative Impact Policies • Can also be called special policies, or saturation areas • Can be created where the number and concentration of licensed premises in a specific area adversely affects the promotion of one or more of the licensing objectives. • Reverses the burden so the presumption is that new applications/variations relating to the sale of alcohol will be refused unless the applicant can demonstrate that the existing cumulative impact will not be added to.

Making a cumulative impact policy • Licensing authorities need an evidential basis for making such a policy. • Section 182 guidance suggests that health related statistics such as alcohol –related emergency attendances and hospital admissions is one area of evidence that can be considered.

How to get involved • Look at your local statement of licensing policy • What would you like to add/change • What evidence do you have to support your position? • Start conversations with your licensing authority

Remember • Just because health is not a licensing objective does not mean that it has no part to play in licensing – it just needs a bit of creative thinking to link in with crime & disorder or public nuisance • Working on a multi agency basis can bring about real evidence based changes (for example new CIP areas) • It’s not all about the policy – partnership working can bring about significant changes - e. g agreements with off licences about not selling high strength beers & ciders

Any Questions?