Revised Guidance issued under section 182 of the Licensing Act 2003

The Guidance issued under Section 182 of the Licensing Act 2003 has been revised with the new Guidance coming into force today (4 June).

The revision has primarily been made in consequence of the Licensing Act 2003 (Mandatory Conditions) Order 2014 ("the Order") to provide Licensing Authorities with advice in relation to their exercise of these new functions in respect of the new ban on sales of alcohol ‘below the permitted price'.

Most of the revisions are contained in Chapter 10 (Conditions attached to premises licences and club premises certificates) in consequence of the Order, but a limited number of revisions and corrections are also made elsewhere in the guidance to improve its clarity and consistency.

It is also interesting to note that Chapter 16 (Early Morning Alcohol Restriction Orders (EMROs)) has been revised to give greater clarity to Licensing Authorities on the process for introducing an EMRO; possibly as a result of technical points raised in previous EMRO applications such as that by our own John Gaunt in Blackpool which led to the full EMRO hearing in that matter being deferred on two occasions before the Licensing Committee determined not to recommend the adoption of the EMRO.In particular the revisions on EMRO's deal with aspects around Evidence and Hearings.

With regards Evidence it states that The final decision to make an EMRO (or to vary or revoke one) must be made by the full council of the licensing authority. However, all 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 sub-committee or officers as it sees fit.

The revision in relation to hearings provides clarity in that although 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 that such hearings be conducted by the licensing committee or sub-committee...Probably a sensible idea!

The reviesed Guidance can be viewed in full by clicking here: 'Revised Guidance issued under section 182 of the Licensing Act 2003'