An Amended Version of the Guidance
An amended version of the Guidance issued under s182 Licensing Act 2003 has recently been published (June 2013 version). The Guidance specifically states that it is not to have retrospective effect ie it only applies to applications made after the issue date.
Residents should be aware that the Council as licensing authority is required to ‘have regard to’ the Guidance when determining applications (although it can depart from it if it sees fit, subject to usual public law principles about giving sufficient reasons).
It can be useful for residents to refer to the Guidance in representations or at hearings. For instance, although some residents will be aware of the concept of ‘cumulative impact zones’ where the Council has special policies, the Guidance makes it clear (paragraph 13.32) that the absence of such a zone/policy does not prevent ‘cumulative impact’ being raised in a representation as an issue affecting the promotion of the licensing objectives.
The most important sections of the Guidance for residents will probably be Chapter 2 (the licensing objectives), Chapter 8 (applications for premises licences, including the role of residents, requirement of Applicants to consider the nature of the locality and proximity to residents before making an application (8.34-8.36), Chapter 9 (Determining applications, including procedure and requirements at the hearing), Chapter 11 (reviews) and Chapter 15 (regulated entertainment, including the Live Music Act).
If any residents of Westminster have any queries about this, or would like to know more about how the Guidance can assist in making effective representations, please do not hesitate to contact the Project on 020 7706 6029 or email firstname.lastname@example.org