Licensing Act 2003 - amended Guidance issued today

1) Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 – amendments to Chapter 15

With the coming into effect of the Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013 (as summarised by our previous article here), the Home Office has issued amended Guidance dealing with the changes.

The relevant amendments are contained in Chapter 15 of the amended Guidance, which can be found by following this link

2) Early Morning Restriction Orders (EMROs) – amendments to Chapter 16

Further changes have also been made to Chapter 16 dealing with EMROs. The more notable changes include the following:

a) The EMRO process

Creation of new paragraph (now 16.6) “Introducing an EMRO is a licensing function. Therefore, this is not the responsibility of a council’s executive. The final decision to make an EMRO (or to vary or revoke one) must be made by the full council of the licensing authority. Any preceding steps, including advertising the proposed EMRO, holding hearings and making a determination to put before the full council for its final decision, are for the licensing committee of the licensing authority. The licensing committee may delegate these steps to the licensing subcommittee or officers as it sees fit.”

b) Introducing an EMRO

Amendment to paragraph (now 16.9).

This previously stated “…when determining whether a step is appropriate to promote the licensing objectives, a licensing authority is not required to decide that no lesser step will achieve the aim, but should consider the potential burden that would be imposed on premises licence holders as well as the potential benefits in terms of promoting the licensing objectives…”

whereas this now states “…when determining whether a step is appropriate to promote the licensing objectives, a licensing authority is not required to decide that no lesser step will achieve the aim. They should, however, consider whether taking that step is reasonable, justified and proportionate…”

The reference to burden on premises licence holders have therefore been removed.

c) Hearings

Creation of new paragraph (now 16.18) “As described in paragraph 16.6, a hearing to consider representations in relation to an EMRO may be held by the licensing committee, the licensing sub-committee or an officer of the licensing authority. It is recommended, however, that such hearings be conducted by the licensing committee or sub-committee.”

d) Final EMRO

Amendment to paragraph (now 16.22).

This now states (with the last two sentences being added) that “If the licensing determines that the proposed EMRO is appropriate for the promotion of the licensing objectives, its determination must be put to the full council for its final decision. There is no time specified in legislation by which the full council must make this decision. This is intended to reflect the fact that the licensing authority may only meet in full council infrequently.