Policy responses and statements

Name of organisation:

Department for Culture, Media and Sport

Name of policy document:

Consultation on draft revised Guidance to be issued under section 182 of the Licensing Act 2003

Deadline for response:

11 April 2007

Background: The Department for Culture, Media and Sport (DCMS) is seeking comments on proposals for revised Guidance to licensing authorities, to be issued under section 182 of the Licensing Act 2003. The Licensing Act 2003 requires the Secretary of State to issue licensing guidance to licensing authorities on the discharge of their functions under the Act. Licensing authorities are required to have regard to this Guidance in carrying out their licensing functions, but may depart from it when they reason to do so. It is also important to note that the Guidance cannot change the requirements of the primary or secondary legislation.

Guidance was first issued by the Secretary of State on 7 July 2004. On 1 December, DCMS began a two stage review of the Guidance. An initial review focussed on providing clarification or additions to the Guidance on issues where there was a high degree of consensus amongst stakeholders, including matters raised during the transitional period and there was no formal consultation. Following the initial review, revised Guidance was laid before Parliament on 22 June 2006. This consultation forms part of the second stage of the Guidance review and seeks views on the revisions that DCMS proposes to make. Any revised Guidance issued by the Secretary of State following this consultation would not come into force until it is laid before Parliament.

Background:

The Licensing Act 2003 ('the Act') received Royal Assent on 10 July 2003 and came into force on 24 November 2005. It replaced 6 existing licensing regimes concerning the sale and supply of alcohol, public entertainment, theatres, cinemas, night cafes and late night refreshment with a unified system of regulation. Section 182(1) of the Licensing Act 2003 provides that the Secretary of State must issue Guidance to licensing authorities on the discharge of their functions under the Act. Section 182(3) of the Act gives the Secretary of State power to revise the licensing guidance from time to time.

The Guidance is intended to aid licensing authorities in carrying out their functions under the 2003 Act and to ensure the spread of best practice, ensuring consistent application of licensing powers by licensing authorities and promoting fairness, equal treatment and proportionality. The Guidance was first issued and disseminated to licensing authorities in July 2004. On 1 December 2005, the Secretary of State for Culture, Media and Sport announced the Government's intention to conduct a 2 phase review of the Guidance: an initial phase limited to clarifying uncontentious issues that had been raised during the Act's transitional period; and a full review culminating in the publication of full, revised Guidance.

The substantive issues for consultation include:

Definition of "in the vicinity"
Incidental music
Cumulative impact policies
Conditions
Role of councillors in the licensing process
Role of Designated Premises Supervisor and Personal Licence Holder
Variations
Nature of evidence required to support representations
Representations: Disclosure of names and addresses
Control of nuisance/crime and disorder outside licensed premises
Paragraphs on longer hours
Police powers to close premises

COMMENTS ON
DEPARTMENT FOR CULTURE, MEDIA AND SPORT
CONSULTATION ON DRAFT REVISED GUIDANCE TO BE ISSUED UNDER SECTION 182 OF THE LICENSING ACT 2003

The Royal College of Physicians of Edinburgh is pleased to respond to the Department for Culture, Media and Sport on the Consultation on draft revised Guidance to be issued under section 182 of the Licensing Act 2003.

The College welcomes the opportunity to comment on the Licensing Law guidance. It is conscious of the fact that the Act differs in some important respects to that which is coming into force in Scotland. Notably this includes the absence of promotion of Public Health as a principle of licensing legislation as proposed by the Nicholson enquiry and subsequently enshrined in the Act. Sadly, there is almost no reference to health in the English guidance being issued, and even Environmental health is mentioned only in relation to noise. There is brief reference to impact in Accident and Emergency Units.

Questions:

7. Do you agree that the pools of conditions in Annexes D-H should be…?