DEPARTMENT FOR
CULTURE, MEDIA AND SPORT News Release (078/07) issued by The
Government News Network on 28 June 2007
Revised guidance
for local authorities on the licensing laws was published today by
the Department for Culture Media and Sport (DCMS). The revised and
updated Guidance offers advice and clarification for councils on a
wide range of issues to help them deliver the Licensing Act 2003 effectively.
The full revision of the Guidance published today follows
extensive consultation with a wide range of key stakeholders,
including local authorities, the police, the licensed trade and
residents groups and a full public consultation earlier this year.
Amendments include:
* further clarification on the responsibility of licensees to
take reasonable steps to prevent crime and disorder and public
nuisance immediately outside their premises (where this is within
their control) and local authority powers to impose relevant
licence conditions where necessary;
* revised text on licensing hours to reflect the fact that we are
no longer moving from a position of fixed, early closing times as
was the case when the Act first came into force;
* a recommendation that personal licence holders provide written
authorisation for the sale of alcohol;
* an expanded section on incidental music, to help local
authorities determine whether music falls into this category and
is therefore not licensable; and
* further guidance on when an application to vary a licence is required.
Licensing Minister Shaun Woodward said:
"The Licensing Act has been in force now for over a year
and, although it is still early days, there are encouraging signs
that it is delivering real improvements on the ground. Local
people now have a bigger say in licensing decisions and councils,
the police and the other enforcement authorities are working in
partnership to develop safe and vibrant night-time economies.
"The Guidance is an important tool for councils working to
deliver the benefits of the Act and the generally positive
response to our public consultation shows that we have got it more
or less right.
"However, there is always room for improvement and, with the
benefit of experience, local councils, the licensed trade, the
police and residents groups have asked us to provide further
clarification in some areas. We have also taken this opportunity
to change the format to make the Guidance more concise and easier
to use.
"I am confident that the revised Guidance will continue to
provide an essential source of advice and best practice for local
councils in delivering the licensing objectives - the prevention
of crime, disorder and public nuisance, the protection of children
from harm and public safety."
The original Guidance was published in July 2004 and parts of it
were updated in June 2006, following an initial review.
Notes to editors
1. The revised guidance to the Licensing Act 2003 is available at
http://www.culture.gov.uk/Reference_library/Publications/archive_2007/guidancesection182_licact03june07.htm
2. The review of the Guidance to the Act was launched on 1
December 2005 as a two stage process: an initial phase, the
results of which were published in June 2006. The second stage of
the review began in May 2006 with the formation of a stakeholder
sub group of the Licensing Advisory Group to assist us in a full
revision of the Guidance. These recommendations formed the basis
for the proposals outlined in the Consultation Document issued on
16 January 2007. The twelve week public consultation on the
revised statutory Guidance ended on 11 April 2007. We received 162
responses, including 68 from local authorities.
3. Licensing authorities must 'have regard' to the
Guidance, but it does not in any way replace the statutory
provisions of the Licensing Act or add to its scope and the
interpretation of the Act is a matter for the courts.
4. The Licensing Act 2003 received Royal Assent on 10th July
2003. Its reforms came into effect in full on 24 November 2005.
The four statutory objectives of the act are:
* the prevention of crime and disorder;
* public
safety;
* the prevention of public nuisance; and
* the
protection of children from harm.
Further details of the act can be found at: http://www.culture.gov.uk/alcohol_and_entertainment/licensing_act_2003.htm
Public Enquiries: 020 7211 6200
Internet: http://www.culture.gov.uk