Revised Section 182 Guidance issued

Yesterday, the Home Office launched the latest updated version of the Section 182 Guidance under the Licensing Act 2003.

It can be found here.

The explanatory memorandum explains the changes in this way:

The coming into force of three new statutory instruments require revision to the guidance to ensure that it is consistent with the new provision they make, and that licensing authorities have appropriate advice about their application.

As a result of these legislative changes, the guidance has been revised to provide licensing authorities with updated advice in relation to their exercise of functions relating to the changes. These include revision to:

• Chapter 7 in relation to a change to the TEN form which now requires the premises user to specifically state whether the premises are proposed to be used to provide relevant entertainment (for example, lap dancing) at the event in respect of which the TEN is given;

• Chapter 10 in connection with the changes to the mandatory conditions made by the Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014; and

• Chapter 16 (Early Morning Alcohol Restriction Orders (EMROs)) to clarify aspects of the process by which licensing authorities introduce an EMRO (for example, by adding a flow chart at the end of Chapter 16).

Moreover, there are a number of minor revisions to clarify the advice to licensing authorities about some additional matters. These include revisions relating to the use of health data to underpin decisions based on what is appropriate to promote the licensing objectives and to protect children from harm (Chapters 2 and 9), a reference to the Portman Group's Retailer Alert Bulletins (Chapter 9) - which licensing authorities should consider imposing as a condition on licence holders where there is specific evidence of irresponsible naming, packaging or promotion of alcoholic drinks which are linked to the undermining of one of the licensing objectives, that licensing authorities may wish to consider whether conditions are appropriate to prevent the sale of New Psychoactive Substances (NPS) alongside the sale of alcohol at licensed premises (Chapter 10), clarification that it is an offence to store counterfeit alcohol on licensed premises (Chapter 11), clarification that cumulative impact policies can apply to any licensable activities including the sale of alcohol on or off the premises and the sale of late night refreshment - irrespective of whether that includes the sale of alcohol (Chapter 13), and the powers available to licensing authorities to consider the staggering and zoning of closing times (Chapter 13).

Unfortunately for those of who make regular reference to the Guidance, a ‘tracked changes' version does not appear readily available!