The Licensing Act 2003 requires the Secretary of State to issue licensing guidance to licensing authorities on the discharge of their functions under the Act. Licensing authorities are required to have regard to this Guidance in carrying out their licensing functions, but may depart from it when they reason to do so. It is also important to note that the Guidance cannot change the requirements of the primary or secondary legislation.

Guidance was first issued by the Secretary of State on 7 July 2004.  On 1 December, DCMS began a two stage review of the Guidance.  An initial review focussed on providing clarification or additions to the Guidance on issues where there was a high degree of consensus amongst stakeholders, including matters raised during the transitional period. Following the initial review revised Guidance was laid before Parliament on 22 June 2006.

This consultation forms part of the second stage of the Guidance review and seeks views on the revisions that DCMS proposes to make. Any revised Guidance issued by the Secretary of State following this consultation would not come into force until it is laid before Parliament.

Consultation on revised Guidance made under section 182 of the Licensing Act 2003 PDF (160kb)

Consultaion - Welsh - Cymraeg PDF (223kb)

Draft revised Guidance to be issued under section 182 of the Licensing Act 2003 PDF (1.9mb)

Draft revised Guidance - Welsh - Cymraeg PDF (857kb)

The closing date for responses is 11 April 2007.

Please send your comments by email to: licensingconsultation@culture.gov.uk 

or by post to:

Licensing Guidance Review Team
Tourism Division
6th Floor
Department for Culture, Media and Sport
2-4 Cockspur Street
London
SW1Y 5DH

A summary of the consultation responses, as well as copies of all responses, will be made available on the DCMS website within three months after the consultation has closed. It is assumed, therefore, that your reply can be made publicly available. In addition, all information in responses, including personal information, may be subject to publication or disclosure under freedom of information legislation. If a correspondent requests confidentiality, this cannot be guaranteed and will only be possible if considered appropriate under the legislation. Any such request should explain why confidentiality is necessary. Any automatic confidentiality disclaimer generated by your IT system will not be considered as such a request unless you specifically include a request, with an explanation, in the main text of your response.

If you have any queries about the consultation on revised Guidance you can contact the Licensing Guidance Review Team at the above address or by telephone on 020 7211 6322 or 020 7211 6380

However, if you have any questions or complaints about the process of consultation on this paper, please contact Liz Sweet, Consultation Co-ordinator, Strategy Division, Department for Culture, Media and Sport, 2-4 Cockspur Street, London SW1Y 5DH.
liz.sweet@culture.gsi.gov.uk