Licensing Update November 2014

Posted: Tuesday, 4 November 2014 @ 13:41

New Statutory Guidance

On 13 October the Home Office published the new Statutory Guidance under Section 182 Licensing Act 2003. This was necessary to take into accounts changes since the last update in June, notably the new mandatory conditions, and Temporary Event Notice application forms.

The new Guidance also clarifies some advice an procedures, for example the process for licensing authorities when dealing with applications for Early Morning Restriction Orders. It also deals with such issues as the involvement of the health authority in the licensing process, does a U-turn and suggests that zoning of hours can be appropriate in certain circumstances, and deals with possible conditions to control the sale of legal highs on licensed premises.

New Powers of Closure

New powers for the police and local authorities came into force on 20 October. These cover closure notices and closure orders. Closure notices can be issued by the police or local authority. Closure orders are issued by the magistrates court. There are also new powers to cover dispersals and public space protection orders.

Closure notices prohibit access to particular premises for up to 48 hours. A closure notice takes effect immediately. The police or local authority must be satisfied on reasonable grounds that the use of the particular premises has resulted or is likely to result in nuisance to members of the public, or there has been or is likely to be disorder near the premises which is associated with the use of the premises.

If a closure notice is issued and not cancelled, an application must be made to the magistrates for a closure order, and the application must be heard within 48 hours of the issue of the closure notice. The court can make a closure order prohibiting access for up to 3 months, and this order can be extended. An appeal against a closure order can be made to the Crown Court.

Deregulation of Regulated Entertainment

The government's quest to further deregulate the laws on entertainment is likely to be achieved next spring. The new Legislative Reform Order will cut away more red tape surrounding entertainment. For example alcohol licensed premises will be free from the need to obtain licences for live and recorded music between 8am and 11pm if the audience does not exceed 500 (up from the current 200).

Nigel Musgrove
Licensing Law Specialist
Tel: 0845 003 5639

Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
Call Nigel on +44 (0)1285 847 001 or by email
This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

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