|The Licensing Dept is a paradigm of virtue. The way Mr Crowley and team interact with residents is a lesson to all other RBK&C departments. This letter is vitally important for residents: it explains that the vicinity test has been abolished so you don't have to live near Harrods to protest|
Statement of Licensing Policy – Amendments to the Licensing Act 2003
I am writing to you to inform you that I have had to amend the Royal Borough’s Statement of Licensing Policy (SLP). In 2011 the Government passed the Police Reform and Social Responsibility Act 2011 which, in part, amended some sections of the Licensing Act 2003. Some of these amendments became effective on the 25 April 2012. In order to ensure that this Council’s SLP reflects these changes, and the amended Secretary of State’s Guidance issued under section 182 of this Act, I have had to amend our Policy Statement.
The main amendments to the Licensing Act 2003 that became effective on the 25 April 2012 are as follows:
- Licensing Authorities and Local Health Bodies become “Responsible Authorities”
- The “vicinity” test for persons/businesses making representations for/against licence applications is abolished
- In addition to the Police, Environmental Health Officers may now submit objections to a Temporary Event Notice (TEN). Objections from both bodies may now be made in connection with any of the four licensing objections, and not just the “prevention of crime and disorder” objective.
- The limit for the number of days an individual premises may hold a TEN is increased from 15 to 21 days.
- The limit that an individual TEN can last is increased from 96 to 168 hours.
- A non payment of the annual licensing fee by a premises licence/club premises certificate holder will result in the premises licence being suspended.
- Reviews of SLPs has been extended from 3 to 5 years.
- The criteria on which licensing decisions must be made has been changed from being “necessary” to “appropriate”.
The amendments can be found in Part 2, sections 103 to 124 of the Police Reform and Social Responsibility Act 2011, although sections 119, 120 and 121 are not yet effective. Please see the internet link below:
The Home Office has also clarified additional points contained within the Secretary of State’s Guidance. The amended Guidance laid before Parliament can be found at:
The draft, amended SLP can be found at:
I have left the original text in the document in order that you can see where changes have been made.
This draft SLP is now undergoing a consultation exercise but, because of the need to amend it as soon as possible in order to comply with the legislative changes, I have had to reduce the consultation period to 4 weeks, closing at midnight on the 5 June 2012. Any comments you have can be sent to me at:
37 Pembroke Road
London W8 6PW
Or by email to: email@example.com.