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TitleThe Licensing Act 2003: post legislative scrutiny
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Table of Contents
                            Summary
Chapter 1: Introduction
	Constitution and Terms of Reference of the Committee
Chapter 2: The Act—an overall perspective
	Introduction
		The Act: Background
		Outline of the provisions of the Act
		Subsequent amendments to the Act
		Changes in outlets and consumption
		Figure 1: Number of licences, England and Wales, 2007–2016
		Box 1: Outlets for the sale of alcohol as at 31 March 2016
		Figure 2: Total volume and per adult levels of pure alcohol clearances, UK, 1992/93–2012/13
		Alcohol policy, licensing policy and health
		Figure 3: Age-standardised alcohol-related death rates per 100,000 population, UK, 1994–2014
		An overall impression
		Box 2: Overall assessments of the Act
Chapter 3: The Licensing Process
	Introduction
		Are licensing committees working?
		Integration of licensing and planning
		Licensing and planning committee structures compared
		Integration: the views of witnesses
		A single licensing and planning panel?
		Would a change impose a burden on local authorities?
		Our conclusion
Chapter 4: Appeals
	The appellate system for licensing cases
		Box 3: The lack of precedent
		Comparable appellate structures
		Transferring licensing appeals to planning inspectors
		An additional burden?
		Our conclusion
Chapter 5: Immediate Changes
	Introduction
		Licensing committees
		Licensing hearings
		Box 4: Extract from the Licensing Act 2003 (Hearings) Regulations 2005, SI 2005/44
		Licensing appeals
		Notification of applications
		Coordination between the Licensing and Planning Systems
Chapter 6: The Licensing Objectives
	Health and well-being
		Enjoyment of licensable activities
		Access to licensed premises for disabled people
		Disabled access: an alternative
Chapter 7: The Off-Trade
	Introduction
		Figure 4: Volume of pure alcohol sold in England & Wales: proportion sold through the on-trade and off-trade, 1994–2015
		Figure 5: Premises Licences by Type, 2008–2016
		Super-strength schemes
		Box 5: Carlsberg’s 30 April 2015 update on its Responsibility Deal Pledge
		Box 6: Examples of super-strength schemes currently in operation
		Group Review Intervention Powers (GRIPs)
		Restrictions on off-trade alcohol retailing in Scotland
Chapter 8: Temporary Event Notices
	Introduction
		Community versus commercial uses of TENs
		Other issues
		Community and Ancillary Sellers’ Notices (CANs)
Chapter 9: Crime, Disorder and Public Safety
	Introduction
		Figure 6: Violent incidents where the victim believed the offender(s) to be under the influence of alcohol, year ending March 2006 to year ending March 2015, England and Wales
		Policing
		Cumulative Impact Policy
		Police closure powers, and powers of summary review
		Box 7: The restricted effect of a closure notice
Chapter 10: The Night-Time Economy
	Introduction
		Early Morning Restriction Orders
		Late Night Levies
		Table 1: Late Night Levy fees
		Business Improvement Districts and voluntary schemes
Chapter 11: Live Music
	Introduction
		Box 8: Regulated Entertainment
		Live Music Act 2012
		Box 9: Licensing trends associated with the Live Music Act 2012
		Box 10: Mechanisms for protecting local residents in live-music related cases
		‘Agent of Change’ principle
Chapter 12: Fees and Fee Multipliers
	Licensing fees
		Fee multipliers
		Table 2: Application Fees
		Table 3: Annual Charges
		The EU Services Directive
Chapter 13: Other Matters of Importance
	Application systems
		National Database of Personal Licence Holders
		Suspension of licences for non-payment of business rates
		Clubs
		Box 11: The Five Qualifying Conditions for Clubs
		Sales of alcohol airside and portside
		Sale of alcohol to a person who is drunk
Summary of conclusions and recommendations
Appendix 1: List of Members and declarations of interest
Appendix 2: List of Witnesses
Appendix 3: Call for evidence
Appendix 4: Note of visit to Southwark Council Licensing Committee
Appendix 5: Acronyms
                        
Document Text Contents
Page 1

Ordered to be printed 21 March 2017 and published 4 April 2017

Published by the Authority of the House of Lords

HOUSE OF LORDS

Select Committee on the Licensing Act 2003

Report of Session 2016–17

HL Paper 146

The Licensing Act 2003:
post-legislative scrutiny

Page 2

Select Committee on the Licensing Act 2003
The Select Committee on the Licensing Act 2003 was appointed by the House of Lords on
25 May 2016 to consider and report on the Licensing Act 2003.

Membership
The Members of the Select Committee were:
Lord Blair of Boughton Baroness Grender
Lord Brooke of Alverthorpe Lord Hayward (resigned 5 September 2016)
Lord Clement-Jones (resigned 14 June 2016) Baroness Henig
Lord Davies of Stamford Lord Mancroft
Baroness Eaton (appointed 13 September 2016) Baroness McIntosh of Pickering (Chairman)
Lord Foster of Bath (appointed 14 June 2016) Lord Smith of Hindhead
Baroness Goudie Baroness Watkins of Tavistock

Declaration of interests
See Appendix 1.

A full list of Members’ interests can be found in the Register of Lords’ Interests:
http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-
interests

Publications
All publications of the Committee are available at:
http://www.parliament.uk/licensing-act-committee

Parliament Live
Live coverage of debates and public sessions of the Committee’s meetings are available at:
http://www.parliamentlive.tv

Further information
Further information about the House of Lords and its Committees, including guidance to
witnesses, details of current inquiries and forthcoming meetings is available at:
http://www.parliament.uk/business/lords

Committee staff
The staff who worked on this inquiry were Michael Collon (Clerk), Tansy Hutchinson and Ben
Taylor (Policy Analysts) and Andrew Woollatt and Joanne Jaques (Committee Assistants).

Contact details
All correspondence should be addressed to the Select Committee on the Licensing Act 2003,
Committee Office, House of Lords, London SW1A 0PW. Telephone 020 7219 4384. Email
[email protected]

http://www.parliament.uk/biographies/lords/lord-blair-of-boughton/4182
http://www.parliament.uk/biographies/lords/baroness-grender/4291
http://www.parliament.uk/biographies/lords/lord-brooke-of-alverthorpe/3335
http://www.parliament.uk/biographies/lords/lord-hayward/863
http://www.parliament.uk/biographies/lords/lord-clement-jones/3396
http://www.parliament.uk/biographies/lords/baroness-henig/3679
http://www.parliament.uk/biographies/lords/lord-davies-of-stamford/346
http://www.parliament.uk/biographies/lords/lord-mancroft/1833
http://www.parliament.uk/biographies/lords/baroness-eaton/4184
http://www.parliament.uk/biographies/lords/baroness-mcintosh-of-pickering/384
http://www.parliament.uk/biographies/lords/lord-foster-of-bath/214
http://www.parliament.uk/biographies/lords/lord-smith-of-hindhead/4542
http://www.parliament.uk/biographies/lords/baroness-goudie/3575
http://www.parliament.uk/biographies/lords/baroness-watkins-of-tavistock/4566
http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests/
http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests/
http://www.parliament.uk/licensing-act-committee
http://www.parliamentlive.tv/lords
http://www.parliament.uk/business/lords/
mailto:hllicensingactcommittee%40parliament.uk?subject=

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91THE LICEnSInG ACT 2003: POST-LEGISLATIvE SCRUTIny

take advantage of the fact that they are 168 hours a week and you can
have 15 of those in a year, which is tantamount to about a third of the
year”.332

346. Many local residents’ associations and local councils voiced similar views,
and were angry that only the police and environmental health can currently
object to TEns, and only then on very limited grounds.333 However, this is
based on a partial misunderstanding of the TEns system as it currently stands;
the Police Reform and Social Responsibility Act 2011, alongside changes
allowing environmental health officers to object to TEns, also allowed
objections relating to any of the four licensing objectives.334 Previously, only
objections relating to the prevention of crime or disorder were permitted.

347. A number of local councils suggested that, rather than opening up TEns to
direct consultation, the list of responsible authorities who could object to them
should be expanded instead. Middlesbrough Council and Cornwall Council
Licensing Authority suggested that all responsible authorities, not just police
and Environmental Health, should be able to object to a TEn.335 The former
did, however, acknowledge that “this could impact on the timescales involved
as at the present time there is very little time for objections, modifications,
hearings etc.”336 Berkshire Licensing Liaison Group suggested the more
moderate approach of opening TEns up to objections from licensing teams,
in addition to the existing police and environmental health authorities.337

348. We believe that introducing an element of direct consultation from local
residents would significantly slow down the TEns system, and undermine
its fundamental purpose as a ‘light touch’ form of regulation. Local residents,
unlike the police or environmental health officers, could not reasonably be
expected to issue objections within three working days, as is currently the
requirement. While opening up TEns to objections from all responsible
authorities would again introduce many new sources of delay, we do believe
there is merit in giving licensing authorities the power to object to TEns.
Local councillors, as representatives of the views of their local residents, can
then relay concerns from the local community in a timely and efficient way.

349. We recommend that licensing authorities be given the power to object
to Temporary Event Notices, alongside police and environmental
health officers. A system for notifying local councillors and local
residents of TENs in a timely fashion should also be implemented.

Other issues

350. There were a number of complaints relating to the addition or amendment
of conditions placed on TEns. At present, if objections are raised by police
and/or environmental health officers before a hearing of the licensing sub-
committee is held, a TEn may be amended if all parties are in agreement,
but this is not the case if agreement is reached during a hearing. Section
106(2) of the Licensing Act 2003 reads: “at any time before a hearing is held
or dispensed with under section 105(2), the chief officer of police may, with

332 Q 75 (Dr Alan Shrank, Chairman, national Organisation of Residents Associations)
333 Written evidence from Middlesbrough Council (LIC0073) and Cornwall Council Licensing Authority

(LIC0069)
334 Paragraph 327
335 Written evidence from Middlesbrough Council (LIC0073)
336 Written evidence from Cornwall Council Licensing Authority (LIC0069)
337 Written evidence from Berkshire Licensing Liaison Group (LIC0122)

http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/oral/41073.html
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36681.html
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36659.html
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36681.html
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36659.html
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36827.html

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92 THE LICEnSInG ACT 2003: POST-LEGISLATIvE SCRUTIny

the agreement of the premises user, modify the temporary event notice by
making changes to the notice returned to the premises user under section
102.”338

351. In a similar vein, one respondent explained that:

“The current process for adding conditions to TEns when all parties are
in agreement is bureaucratic. Currently only the Licensing Committee
can add conditions to TEns, which means that all cases have to be
referred to the Licensing Sub-Committee even though all parties are in
agreement. This process can be very costly to LAs, therefore it should
be reviewed to allow a hearing to be dispensed with if all parties are in
agreement.”339

352. We recommend that section 106(2) of the Licensing Act 2003 be
amended, replacing the words “before a hearing” with “before or
during a hearing”, to enable TENs to be amended during a hearing
if agreement is reached.

353. We also received evidence that event organisers are applying for multiple
TEns on adjacent plots of land, in order to circumvent the restrictions on the
permissible size of events. Cornwall Council Licensing Authority noted that
they occasionally saw multiple submissions for TEns “each for 499 people,
on adjoining pieces of land. This in effect authorises a much larger event
than the TEns system was intended for. This can happen as premises can be
split into separate sections and are then classed as different premises.”340

354. Where it appears that notices are being given for TENs simultaneously
on adjacent plots of land, resulting in effect in the maximum number
attending exceeding the 500 person limit, we would expect the
police or environmental health officers to object, and the licensing
authority to issue a counter-notice. We recommend that the section
182 Guidance be amended to make this clear.

355. The Act requires local authorities to keep a register recording all TEns they
have received, and this is supported by the section 182 Guidance, which
additionally states that there is “no requirement to record all personal
information given on a TEn”.341 However, neither the Act nor the Guidance
says anything about what information should be stored with regards to
TEns, what format they should be retained in, and for how long they should
be retained.

356. As previously noted in Chapter 3, we ourselves witnessed an apparent case of
the inadequate recording of TEns received when we visited a hearing held
by Southwark Council’s licensing sub-committee. While the agenda for the
hearing concerning one particular restaurant noted specifically that “there
have been no temporary event notices (TEns) submitted for this address
within the last 12 months”, the applicant themselves went on to contradict

338 Licensing Act 2003, section 106(2)
339 Written evidence from Caroline Sharkey (LIC0119)
340 Written evidence from Cornwall Council Licensing Authority (LIC0069)
341 Licensing Act 2003, section 8(1ab); Home Office, Revised Guidance issued under section 182 of the

Licensing Act 2003 (March 2015), paragraph 7.31: https://www.gov.uk/government/uploads/system/
uploads/attachment_data/file/418114/182-Guidance2015.pdf [accessed 10 March 2017]

http://www.legislation.gov.uk/ukpga/2003/17/section/106
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36817.html
http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/licensing-act-2003-committee/licensing-act-2003/written/36659.html
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418114/182-Guidance2015.pdf
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418114/182-Guidance2015.pdf

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183THE LICENSING ACT 2003: POST-LEGISLATIVE SCRUTINY

DPM Designated Premises Supervisor

DPS Designated Premises Manager

EA Equality Act 2010

EHO Environmental Health Officer

EMRO Early Morning Restriction Order

ENTE Evening and Night Time Economy

FPN Fixed Penalty Notice

FWD Federation of Wholesale Distributors

GDS Government Digital Service

GLA Greater London Authority

GMCA Greater Manchester Combined Authority

GMV Grassroots Music Venue

GRIP Group Review Intervention Power

GVA Gross value added

HALO Health as a Licensing Objective

HMIC Her Majesty’s Inspectorate of Constabulary

HMRC Her Majesty’s Revenue and Customs

HSCIC Health and Social Care Information Centre

ICESCR International Covenant on Economic, Social and Cultural
Rights

IoL Institute of Licensing

LA Licensing Act 2003

LAAA Local Alcohol Action Area

LAG Licensing Action Group

LGA Local Government Association

LHB Local Health Board

LMA Live Music Act 2012

LNL Late Night Levy

LSO Licensing Standards Officer

LSOA Lower Layer Super Output Areas

MCPS Modern Crime Prevention Strategy

MESAS Monitoring and Evaluating Scotland’s Alcohol Strategy

MUP Minimum Unit Pricing

MVT Music Venue Trust

NALEO National Association of Licensing and Enforcement
Officers

NFRN National Federation of Retail Newsagents

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184 THE LICENSING ACT 2003: POST-LEGISLATIVE SCRUTINY

NICE National Institute for Health and Care Excellence

NMRO National Measurement and Regulation Office

NNDR National Non-Domestic Rateable value

NORA National Organisation of Residents’ Associations

NPPC National Police Chiefs’ Council

NPPH National Planning Policy Framework

NTE Night Time Economy

NTIA Night Time Industries Association

OECD Organisation for Economic Co-operation and
Development

ONS Office for National Statistics

PACE Police and Criminal Evidence Act

PASS Proof of Age Standards Scheme

PCC Police and Crime Commissioner

PCSO Police Community Support Officer

PCT Primary Care Trust

PEL Public Entertainment Licensing

PHE Public Health England

RA Responsible Authority

RASG Retail of Alcohol Standards Group

RCC Rural Community Council

RDSG Responsible Drinking Steering Group

SCSR Scottish Centre for Social Research

SDA Southwark Disablement Association

SEV Sexual entertainment venues

SHAAP Scottish Health Action on Alcohol Problems

SIA Security Industry Authority

SLP Statement of Licensing Policy

SLTA Scottish Licensed Trade Association

SPA Special Policy Area

SWA Scotch Whisky Association

TEN Temporary Event Notice

UKHF UK Health Forum

WHO World Health Organisation

WSTA Wine and Spirit Trade Association

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