These objectives comprise the basis on which the licensing authority determines what is in the overall public interest when carrying out its functions.  A licensing authority may only restrict licensable activities where it is necessary for the promotion of these licensing objectives. Each objective is of equal importance.

 

Any representations about the grant of a licence or grounds for a review of a licence should relate to the promotion of the licensing objectives.

 

As part of the application for a premises licence the applicant must submit an operating schedule that includes a statement of the steps he proposes to take to promote the licensing objectives.

Q&A

 

 

The licensing objectives are:

The licensing objectives establish the tests against which a licensing authority carries out its duties under the Act.  They aim to ensure that everybody involved in the licensing regime is focused on common goals essential to the fair balance of differing interests and the well being of our communities in relation to licensable activities.

Who decided upon the licensing objectives?

 

The four licensing objectives were developed after extensive and detailed consultation and a lengthy review of the previous licensing law, conducted between 1998 and 2001.

Should prevention of smoking be a licensing objective?

 

Public health is not a licensing objective for the purposes of the Act. The Government is dealing with smoking on licensed premises separately, through the 'Health Protection and Improvement Bill' which was introduced in October 2005. The Bill introduces a ban on smoking in all enclosed workplaces, with special provisions covering public houses and bars. So, anti-smoking measures fall outside the scope of regulating the licensable activities of the supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment. However there is nothing in the Licensing Act that prevents non-smoking areas being provided for in an operating schedule if an applicant wants to have them (though this is subject to any wider measures to be introduced under the Health Improvement and Protection Bill).

 

 

Section 5 of the Act requires a licensing authority to prepare and publish a statement of its licensing policy every three years. Such a policy must be published before the authority carries out any of its other licensing functions under the Act. The policy must be kept under review and revised as appropriate.

 

The policy is a statement of how the licensing authority intends to exercise its licensing functions and must itself be prepared with a view to promoting the licensing objectives.  It may state the authority's general approach to making licensing decisions and the regulation of licensable activities.  It will provide transparency for all those involved in the licensing regime, including local residents and applicants for licences, who will be able to refer to the statement when making representations or when preparing their applications.  It is recommended that it should also say how the authority's approach to licensing will be integrated with their planning, crime prevention, transport and cultural strategies and any action plan or strategy for the management of the evening economy.

Who must licensing authorities consult when producing the licensing policy?

 

In preparing its policy the licensing authority is required to consult the police, the fire authority, representatives of personal licence holders, premises licence holders and club premises certificate holders, and representatives of businesses and residents. 

 

In preparing its first policy (which should have been published by 7th January 2005),  the authority must have consulted representatives of holders of "existing licences" and clubs registered in its area.  The authority is free to consult with other bodies as it sees fit. 

Can the licensing authority deal with cumulative impact in its licensing policy?

 

Cumulative impact concerns the potential impact on the promotion of the licensing objectives of a concentration of types of licensed premises in one area.

 

In their licensing policy statements, licensing authorities can take into account the effect that a particularly high concentration of a type of licensed premises might have on the promotion of the licensing objectives.   Subject to consultation, they will be able to make clear in their licensing policy that they consider a particular area could cope with no more premises of a particular type and that there would be a general presumption against granting any more licences for premises of that type in that area.  However, the policy should not be absolute and applications for a premises licence must still be considered on a case-by-case basis.  

Can a statement of licensing policy prescribe the imposition of standard conditions for all premises licences or club premises certificates?

 

No. Conditions attached to a premises licence have to be necessary (and not just aspirational) for the promotion of the licensing objectives and must be tailored to the individual style and characteristics of the premises and activities undertaken there. Standardised conditions should be avoided and could be unlawful.

It is however acceptable for licensing authorities to draw attention in their statements of policy to pools of conditions from which necessary and proportionate conditions may be drawn in appropriate circumstances.

 

Where no relevant representations are made about an application for or application to vary a premises licence, the licensing authority cannot impose any conditions other than those which are mandatory under the Act.