Institute of Licensing (IoL) Consultation: Guidance on Premises Licence Conditions

In July 2012, the Institute of Licensing (IoL) set out to create a good practice guidance document in respect of premises licence conditions  believing that for such conditions "a sea-change in approach is required to promote the twin goals of promoting the licensing objectives whilst allowing safe and responsible licensed premises to flourish."

The IoL has now produced its consultation document (found here) on providing guidance and precedent conditions aimed at assisting operators, licensing authorities, responsible authorities and residents. The consultation seeks views on its general principles as well as the specific conditions proposed.

Details on how to respond to the consultation, which closes on 30 September 2015, can be found here.

Whereas the consultation sets out principles for good condition drafting and imposition, it does go on to seek to consult on a variety of 'standardised' conditions. Operators may be concerned that if adopted, such conditions become the template for adoption or imposition by various authorities or the Licensing Authority itself. Something to be avoided at all costs.

Indeed some of the suggested draft conditions serve to change the law as it currently is, such as the requirement that a Personal Licence Holder be present at all times.  It is a well-established principle - or at least should be - that any conditions should be tailored to meet the individual needs or a particular application or premises; standardised conditions should be avoided.

We will keep you apprised of relevant developments.