Updated section 182 Guidance - further update

Further to yesterday's news that new section 182 Guidance had been issued we took up with the Home Office the availability or otherwise of a 'tracked changes' version.

This is not available - but they have sent through the following helpful resume of the principal changes:

• Change to the TENs form to explicitly state whether adult entertainment will take place at the event.  Para 7.3

• Protecting children from harm - use of health data to evidence harms to underage drinkers. In areas with evidence of high levels of underage drinking, licensing authorities may consider what conditions may be appropriate on new licences.  Para 2.32

• Health bodies and health data - increased emphasis on the use of health data in relation to the existing licensing conditions.  Para 9.21 - 9.23

• Portman code (new paragraphs).  Paras 10.11 and 10.12

• New psychoactive substances (legal highs) - a new section, highlighting the dangers of legal highs, and suggesting that licensing authorities may consider whether conditions are appropriate to prevent sale of legal highs alongside alcohol.  Para 10.26 and 10.27

• Mandatory licensing conditions -to reflect changes that commenced on 1 October 2014. Paras 10.425 - 10.57

• Underage selling - amended to reflect that most premises check age. Guidance on taking a proportionate view of sales to u.18s made in quick succession.  Para 11.30

• Cumulative impact policies - clarified that CIPs can relate to premises licensed for any of the licensable activities.  Paras 13.19, 13.20 and 13.33

• Staggering and zoning of closing times - may be used as an alternative to fixed closing times, guidance on how these can be used.  Para 13.40

• The Designated Public Place Order replaced by the Public Spaces Protection Order (in the Anti-social Behaviour, Crime and Policing Act 2014).  Para 13.41

• EMROs - to reflect new secondary legislation to allow licensing authorities to disseminate hearing documents electronically without the prior consent of the receiving party.  Para 16.19

• When a proposed EMRO can be changed after consultation without re-consulting.  Para 16.21

• Consider informal discussions with interested parties prior to formal consideration of an EMRO.  Para 16.7

• Flowchart of EMRO process - Pg 148