Introduction to the role of the council
The Act moved the responsibility for administering alcohol licensing from Magistrates and licensing justices to local authorities, bringing democratic accountability to decision making.
District councils and unitary councils are designated as licensing authorities. Each licensing authority is responsible for developing a local policy, processing applications and convening hearings to consider any representations concerning applications or existing licences. To deliver their responsibilities licensing authorities’ core functions can be summarised as:
- setting the local framework through a statement of licensing policy
- considering applications with a view to promoting the licensing objectives
- undertaking inspection and enforcement activities to ensure conditions of licences are being met
- maintaining a register of licensed premises, activities and individuals
- providing bi-annual statistics to government as part of the National Statistics collection.
Licensing authorities are responsible for administering the Act and this function is delegated to the council’s licensing committee. The licensing committee is responsible for considering and proposing the authority’s licensing policy through developing a statement of licensing policy prior to its approval by the licensing authority (full council), and for taking decisions on specific licence applications or issues.
Statutory guidance for licensing authorities is issued by the Secretary of State under Section 182 of the Act, often referred to as ‘Section 182 guidance’. Licensing authorities have a duty to have regard to this guidance and it should be followed unless there is good reason to depart from it. The Section 182 guidance is a comprehensive and useful tool for councils around the discharge of functions under the Act, including processes for hearings. It is updated from time to time, the latest version can be found on the gov.uk website.
Fee setting
Fees under the Licensing Act have been fixed in regulations since 2005. Premises and club premises licence fees are based on the rateable value of the premises. Premises with higher rateable values that are primarily being used for alcohol sales pay additional premiums as do premises with particularly large capacities (in excess of 5000 people). Fees are also set for a range of other administrative processes under the Act, such as:
- varying a licence
- transferring a licence from one individual to another
- varying the Designated Premises Supervisor (the person named on the premises licence as the individual designated to supervise the premises)
- issuing a temporary event notice (TEN).
As discussed earlier, whilst fees were intended to provide full cost-recovery, in practice many licensing authorities will incur a deficit. The LGA has consistently argued that the Government has underestimated the costs councils incur in administering the Licensing Act, and should be set locally. At the very least, the Government should commit to a flat-rate increase to the 2005 fee levels.
Developing a statement of licensing policy
What is a licensing policy
Under the Act, licensing authorities are required to prepare a statement of licensing policy (SLP) which sets out how licensable activities will be regulated and how licensing functions will be exercised in their areas, as well as expectations of licence holders and operators. They can be used to identify areas where the risk of harm may be greater due to the characteristics of a particular area, and how these risks can be mitigated.
The SLP is an opportunity to take a strategic look across all of the licensable activities within your area and set out a vision for them. The decisions made can enhance an area’s economy, public health, safety and cultural appeal to tourists and visitors from surrounding areas.
Getting the statement of licensing policy right is important as this will guide the local authority’s decision making. Authorities must have regard to their SLP when carrying out their licensing functions and the policy acts as a starting point for a decision. Whilst licensing authorities can depart from their policy when considering applications, there will need to be good reasons for doing so.
The SLP should set out how licensees can contribute to creating the evening and night time economy that the council envisages, for example encouraging certain types of applications in certain areas, for example food led businesses. It is also an opportunity to set out the context in terms of specific local issues that licensees should consider for example areas of saturation in a town centre, and how they can contribute towards positively addressing them.
An active place-shaping approach in your licensing policy and practice can also help design out problems before they occur and promote safe and sustainable communities. Diversifying the evening and night time offer for example can encourage a wider range of people to engage in it and increase the perception of safety. Thought should be given to how the licensing policy can help to attract entertainment that is not alcohol led, for example restaurants, venues or cinemas which will bring more people into the night time economy and can help to manage levels of alcohol related crime and disorder. On a smaller scale staggering closing times can also be helpful.
In shaping a policy, the licensing authority will need to have regard to the Section 182 guidance as well as giving appropriate weight to the views of the local community. Whilst there is a certain amount of flexibility around setting an approach to making licensing decisions this cannot be inconsistent with the provisions in the Act. The statement cannot create new requirements for applicants outside of the Act, or override the right of anyone to make an application under the Act, make representations or seek a review of a licence.
The SLP takes on additional significance in the event that an applicant challenges or appeals the sub-committee’s decision. At this point the Magistrates court will adopt the licensing authority’s policy as if it were its’ own.
Process
The SLP must be formally adopted by the licensing authority (full council) normally after a recommendation from the licensing committee. Councils with cabinet governance arrangements may also seek the cabinet’s views too. A SLP runs for a maximum period of five years. There is nothing to prevent an authority from updating its statement more frequently if it wishes to, but the five yearly review cycle must still be followed.
There is no need for a SLP to re-state the requirements of the Act or the statutory guidance, although the guidance does suggest topics that ought to be acknowledged in the SLP – for example, an obligation for licensing authorities to help promote cultural activities within their areas by not imposing excessively burdensome conditions, or an acknowledgment that licence-holders cannot be held responsible for their customers’ actions once they leave the vicinity of their premises.
Possible headings within an SLP could include:
- context
- council aspirations and vision for the place
- partnership working
- the licensing objectives
- other legislative responsibilities (such as those under the Human Rights Act 1998, Crime and Disorder Act 1998, Equalities Act 2010 and the statutory Regulators’ Code)
- reference to any cumulative impact assessments
- policies for specific circumstances
- approach to setting conditions including whether there is a pool of model conditions
- dealing with representations (including petitions and ‘round-robin’ letters)
- delegation of functions
- a statement of where the SLP departs from the statutory guidance (if relevant)
- enforcement protocol (usually agreed with the other responsible authorities)
- the use of other legislation alongside the Licensing Act.
Development of the SLP must involve engagement with the community. Consultation is a key part of making sure licensing work is transparent; there should be opportunity for open discussion so that communities have an input into what they want their area to look like.
There are a number of statutory consultees who will need to be involved, including representatives of local businesses, residents and licence-holders as well as the responsible authorities. Both Lambeth and Watford case studies are useful examples of how authorities can engage with stakeholders through consultation events.
In Cheshire and Merseyside, public health, licensing, environmental health, trading standards and the police have worked together to develop a toolkit to support anyone who would like to have a say on how alcohol impacts their community. The toolkit explains how the licensing process works and provides some practical tips to help people who want to get involved.
Case study Watford
Watford Council wanted to regenerate its town centre through a cultural arts programme to remove its reliance on a mono-alcohol economy of late-night clubs and bars. A pop-up shop was opened in the town centre for two weeks to explain proposals and to get views on proposed changes to the public realm and to planning policy, as well as significant changes to the SLP which encouraged the growth of food-led and entertainment businesses through the offer of later hours at the expense of more restrictive hours for alcohol-led premises
Case study Lambeth
Following the adoption of Lambeth Council’s new Licensing Policy in January 2014, six area-based Licensing Transformation coproduction workshops were held across the borough. These aimed to bring together a select and focused group of businesses, local residents, ward councillors and statutory partners to help shape local guidance and also offered an opportunity to discuss licensing in practice.
Organised jointly with business improvement districts (BIDs), the council’s Neighbourhood Regeneration team and the Cross River Partnership, local police, Neighbourhood Watch co-ordinators and Safer Neighbourhood Panel chairs, as well as residents’ representatives were invited to attend the workshops. Council staff from Legal Services and Community Safeguarding were also in attendance.
Key issues for consideration in the statement of licensing policy
Area specific expectations
At the most local level, licensing authorities’ decisions will shape individual neighbourhoods, establishing some as vibrant, active areas late into the night, while other areas may become a centre for restaurants. Similarly, a pub in a smaller community may not attract large numbers from outside the area, but can nonetheless act as a hub for the community.
There may be some neighbourhoods that have particular challenges and require a more detailed and targeted approach.
The SLP can guide applicants towards particular concerns the authority has relating to a locality. In addition to tackling specific problems, it can be used to help shape the local economy, such as by setting out preferred opening hours, which can encourage applications from particular types of premises.
Planning
The relationship between licensing and planning systems came under intense scrutiny in the House of Lords Select Committee post-legislative review of the Licensing Act in 2017, and in the follow up inquiry in 2022. The committee’s initial recommendation was that the two systems should be merged and licensing committees should be scrapped with responsibility shifted to planning committees. The Government rejected this recommendation but accepted that improvements could be made.The 2022 inquiry dropped the recommendation that planning and licensing committees should be merged, but reiterated its view that more needs to be done to improve join up and communication between the licensing and planning regimes.
The licensing and planning systems operate independently with the planning and licensing regimes involving consideration of different, albeit related, matters. Planning is the regime that is directed at development of land and the use of premises upon it. Licensing is the regime that is directed at licensable activities and responsible management of said premises upon that land. Licensing committees are not bound by decisions made by a planning committee, and vice versa. For example, a premises licence or club premises certificate cannot be refused on the grounds that they do not have planning permission. Licensing authorities are also able to specify different opening hours on the licence from those specified under planning permission. This is somewhat incongruous, but the two schemes take different matters into account when determining hours, and the more restrictive set of hours always applies.
Nevertheless, where applicants have indicated that they have also applied for planning permission or that they intend to do so, licensing committees and officers should consider discussion with their planning service prior to determination with the aim of agreeing mutually acceptable operating hours and scheme designs. It is also important to note that any decision of the licensing authority on an application for a premises licence does not relieve the premises user of any requirements under planning law for appropriate planning permission where it is required. Premises operating in breach of their planning permission would be liable to prosecution under planning law.
Planning is an important consideration when thinking about what you want your licensing policy to achieve. Your licensing policy should reflect your Local Plan policies core planning documents, and likewise the Local Plan policies planning documents should reflect what you want to achieve with your licensed premises. Whilst there is a clear distinction and separation between licensing and planning in terms of their remit, councillors have a key role in ensuring that these two different services are fully joined-up and aligned.
Where this doesn’t happen councils can struggle to shape their areas as they would like them to be. It can be helpful to include your expectation that any premises for which a licence is required should normally have the appropriate authorised use under town planning legislation, in the SLP.
The development of new housing, often under permitted development rights, can have the potential to cause tension within communities where there are already established licensed premises, particularly those that promote live music. These venues can provide an important cultural contribution to an area, as well as promoting the next generation of musicians. In 2018 the Government updated the National Planning Policy Framework to include detailed reference to the ‘Agent of Change’ principle. In 2022, the section 182 guidance, which accompanies the Licensing Act 2003, was also updated to reference the agent of change principle, insuring greater alignment between licensing and planning guidance. Agent of change means those bringing about a change take responsibility for its impact. This means that developers will be responsible for identifying and solving any sound problems, if granted permission to build housing near existing venues, to help avoid music venues, community and sports clubs and even churches running into expensive issues as a result of complaints from new neighbours.
Safeguarding
Protecting children from being harmed in licensed premises is one of the four licensing objectives and includes harms from consumption of alcohol as well as wider harms including sexual exploitation. Safeguarding can be addressed in part through licence conditions. The Act includes a mandatory condition requiring alcohol-licensed premises to have an age-verification policy, but other conditions relating to the protection of children from harm can include restrictions on the times which children may be present and the requirement that children must be accompanied by an adult.
Whilst the local children’s safeguarding board, or multi-agency safeguarding arrangements as they are now known, are a responsible authority, in practice it is unusual for them to make representations. Public health also have an important role to play in safeguarding and PHE have developed a guidance note which explores how public health can support prevention and intervention. Some authorities have used their powers under the Licensing Act to address child sexual exploitation (CSE) both proactively and reactively when considering licences.
Case study Kirklees council
Kirklees Safeguarding Children Board (KSCB) has been working proactively with partners to engage with the licensed trade and promote risk management in relation to CSE. The board provides advice to assist licensees to identify risk and report concerns at different types of licensed premises and they have developed a webpage providing local information about child safety, child sexual exploitation, policies and procedures including risk factors and signs and symptoms. Kirklees’ licensing policy outlines the council’s recommendation that applicants address the access of children in the operating schedule. They also expect that employers will make careful checks where premises or entertainment is specifically targeted towards children to ensure all persons employed or involved with the supervision or management are deemed appropriate persons to be engaged in the activity, for example that employers would use a Criminal Records Bureau check.
Case study Harrow Council
Harrow Council states within its SLP that it expects staff in premises that will be particularly attractive to children to be familiar with the Metropolitan Police’s Operation Make-safe to identify and report possible signs of abuse.
It is also important to look at the wider context of vulnerability. Safeguarding is not limited to children and young people, and vulnerability is an inherent part of the night time economy, for the most part due to the presence of alcohol and drugs. There are various resources and training packages that could be signposted to in the SLP, including the Welfare and Vulnerability Engagement (WAVE) initiative which is a free tool, developed by the Metropolitan Police, looking at vulnerability in the night time economy and the proactive steps operators can and should take to address this.
Again there are various initiatives that can be utilised by operators to help identify and manage vulnerability in the night time economy, for example Drinkware schemes and Ask for Angela. Reference to these initiatives could be made in the SLP.
The SLP could also reference steps licensing authorities expect licensed premises to take to tackle a range of vulnerability issues in the night-time economy, such as spiking and violence against women and girls. The LGA has produced separate guidance which shares information on different approaches to managing the night time economy, as well as guidance on good practice in preventing spiking.
Ask for Angela
Ask for Angela was an initiative first launched by Lincolnshire County Council as part of a campaign to raise awareness of sexual violence and abuse and has since been rolled out across a number of cities. The intention is to help prevent and reduce sexual violence and vulnerability in the night time economy. Customers are advised via posters in venue toilets that, if they ‘ask for Angela’ at the bar, staff will be alerted to the fact that they feel unsafe or threatened. Bar staff will know that the individual needs some help getting out of their situation and will call a taxi or help them out discreetly and providing a vital life-line to someone who finds themselves in a difficult situation and can’t get out of it.
DrinkawareDrinkaware is an independent charity, funded by the alcohol industry, which works to reduce alcohol misuse and harm in the UK. Drinkaware’s focus is on education and they offer information, advice and practical resources to support people to make better choices around their alcohol consumption. Drinkaware also run a number of different initiatives including ‘Drinkaware crews’ who work in clubs and venues to help support provide support the welfare and wellbeing of young people on a night out. More recently they have partnered with PHE on a ‘Drink Free Days’ campaign which aims to help people cut down on the amount of alcohol they are regularly drinking.
Security and licensing
The 2017 Manchester Arena terror attack, at which 22 people tragically lost their lives, exposed the need to further consider and promote public safety in places and spaces where licensable activities take place. The Manchester Arena Inquiry highlighted the important role the Licensing Act 2003 can play in improving the provision of event healthcare services through adding conditions to licences, to ensure staff can provide some level of care until emergency services arrive in the unlikely event of a terrorist attack. The inquiry recommended that the Government consider updating the section 182 guidance, which accompanies the Licensing Act, to set out what level of event healthcare should be required from licensees and what appropriate licensing conditions should be imposed.
Until the attack at Manchester Arena many licensing authorities had not routinely considered the risk of a terrorist attack when deciding whether to grant a new licence or impose conditions. Some are now starting to do so. For example, Manchester City Council has taken steps to embed the principles of Martyn’s Law within their licensing policy. Manchester has updated its model conditions to include counter-terrorism measures, such as requiring certain members of staff to complete the Action Counter Terrorism (ACT) Awareness e-learning training and requiring some venues to have a documented security assessment.
Although there are some practical issues with using the Licensing Act to mitigate the impact of terrorist incidents, it is clear that good practice in this area is evolving. We expect that Government will legislate for Martyn’s Law in the coming months and it is likely the Home Office will revise the section 182 guidance to include information on event healthcare conditions and other protective security considerations. In advance of this guidance being published, licensing authorities should consider what practical early steps they can take to demonstrate best practice in this space, such as requiring staff at licensed premises to complete the ACT e-learning module.
Working in partnership
Creating a safe, vibrant and diverse night time economy is in everyone’s interests and the police, councils, emergency services, local businesses and the community all play a central role to achieving this.
Working together will almost always achieve the best results; at a minimum, it will establish a clear understanding of positions and identify where there is room for agreement and collaboration.
There is plenty of evidence of the success that partnership approaches to managing the night time economy has had in our towns and cities. The Government’s Modern Crime Prevention Strategy placed considerable weight on the benefits of voluntary partnerships, a theme which is likely to remain on Government’s agenda for the foreseeable future.
The role of councils is to facilitate dialogue between different groups including local businesses and residents, in particular making sure that there are forums for these conversations to happen.
Whilst challenges will be different in different places, there is a range of best practice from schemes across the country as well as tools available to support joint working. The LGA will shortly be publishing some case studies which will be available on the website. The Governments Local Alcohol Action Area (LAAA) programme, has recently completed its second phase, has been one way that authorities have been supported to tackle issues like diversifying the night time economy and data sharing.
The industry has worked hard to raise standards, and there are a large number of initiatives which can be used as tools by business to manage and improve the night time economy, for example the Purple Flag accreditation scheme.
The best premises will be active participants in one or more of the many industry best practice schemes that exist. If these schemes are not in operation locally, then they can be an effective way to significantly boost performance for comparably little investment. The Portman Group have useful guides around the various industry led Local Alcohol Partnerships.
There is always scope to set up a local initiative to tackle a specific issue; but the following is a short outline of some of the more prominent schemes that already exist. The scheme coordinators will always be happy to meet with councils to discuss how their scheme could work in the local area.
Partnership schemes involving the industry
Partnership schemes involving the industry Pubwatch is an effective network of licensees working together to combat crime, disorder, and anti-social behaviour in towns, cities and local communities. There are about 1000 pub-watches in the UK. www.nationalpubwatch.org.uk
Best Bar None is a national award scheme, supported by the Home Office that aims to improve standards in local night time economies by sharing and promoting best practice.
Purple Flag is the accreditation programme that recognises excellence in the management of town and city centres in the early evening and night time economy. It provides an endorsement of the vibrancy of the local night time economy.
Community Alcohol Partnerships is a retailer-led partnership to tackle issues of underage drinking and promote greater awareness and understanding of alcohol among young people.
Street Pastors are volunteers from the local church community who give up their time to help people out for the evening.
What other tools are available?
There are a variety of statutory and non-statutory tools that can be used to help manage the night time economy where issues are identified.
Cumulative impact assessments
If authorities have evidence that the high number or density of licensed premises in a particular area is having a detrimental effect on one or more of the licensing objectives, the licensing authority may consult on a cumulative impact assessment (CIA). A CIA is essentially an evidence-based tool for licensing authorities to limit the growth of licensed premises in a problem area. Whilst the concept of cumulative impact was not initially included in the Act, it was included in the Section 182 guidance and therefore a number of authorities introduced cumulative impact policies (CIPs).
Recent changes under the Policing and Crime Act 2017 have now put cumulative impact on a statutory footing and the Section 182 guidance has been updated to include CIAs. Existing CIPs will need to be reviewed to ensure they comply with the principles in new legislation, primarily the need for evidence, rules around consultation and the need to review CIAs at least every three years. A CIA sits apart from the SLP but the statement should include a summary of the CIA.
The effect of having a CIA is that it creates a presumption that applications for new (or variations to) licences that receive relevant representations will be refused unless the applicant can show that granting the application will not add to the cumulative impact of existing premises. A CIA does not change the fundamental way that licensing applications are made under the Licensing Act.
In an area where a CIA has been published, licence applications must be granted if no relevant representations are made in relation to that particular application. If a CIA is in place, responsible authorities or any other interested persons can still make representations to promote the licensing objectives. Where relevant representations are made, they must be able to withstand the scrutiny of a hearing. It is possible for the licensing authority to grant an application in an area covered by a CIA where it considers it appropriate to do so.
Late-night levy
The late night levy is payable by licensed premises and holders of club premises certificates within the designated area, which sell or supply alcohol between midnight and 6.00am. The levy is intended to recoup some of the costs of policing, and generally maintaining, an area with a high number of licensed premises operating late into the night. It is effectively a tax on licensed premises in the area that must be approved by the full council following an extended consultation period and a recommendation by the licensing committee.
Legislation requires that up to 30 per cent of net levy revenue can be allocated to local councils, with at least 70 per cent allocated to the local police and crime commissioner (PCC). However, in practice PCCs have the ability to agree a different split locally, an approach taken in Hounslow and Cheltenham.
Historically, there has been a limited uptake of the levy by local authorities, which is due in part to the original requirement to apply a levy across the entirety of a local authority area, and limitations on how the levy can be spent.
However, in summer 2023, the Home Office commenced changes outlined in the Policing and Crime Act 2017, which allow licensing authorities to target the levy at specific geographic areas rather than having to implement it in the entirety of their area. PCCs now have the right to formally request that a council consults on the levy and make it a requirement that local authorities publish information about what the levy revenue has been spent on, to increase transparency. Changes will also allow local authorities to charge the levy to late night refreshment outlets, in addition to premises selling alcohol in the night time economy.
Whilst there has been some criticism of how the levy is spent, legislation is prescriptive in terms of the types of services that councils can fund with revenue from the levy, to help ensure it is spent on tackling alcohol-related crime and disorder. PCCs have no restrictions on how their portion can be spent. As highlighted above, new regulations under the Policing and Crime Act mean that licensing authorities will need to be more transparent, requiring them to publish details about how the levy is spent.
The levy has also been criticised by sections of the trade as having a disproportionate effect on smaller businesses. Whilst fees are set centrally in line with the rateable value of the premises, consideration should be given to whether exemptions could be applied.
Councils have the option to apply exemptions and reductions from a list set out by regulations for example to theatres and cinemas, and country village pubs. Councils can also exempt, or reduce the level of levy for businesses contributing to a business improvement district (BID), for example, Islington and City of London offer a 30 per cent reduction.
Any plans to introduce a late-night levy will need to be consulted on. In 2017 Tower Hamlets Council’s introduction of the levy had to be delayed following a successful challenge following a Judicial Review launched by the Association of Licensed Multiple Retailers (ALMR). The challenge focused on the consultation process which failed to include an implementation date for the levy.
There is dedicated statutory guidance available on the late-night levy, which can be found on the gov.uk website.
Business improvement districts
Often councils prefer to use alternative approaches to the levy and BIDs are one such alternative. BIDs are not specific to licensed premises and have been operating across the UK for over a decade and there are over 250 established around the country. BIDs are a popular approach which enable a targeted and business led approach to managing the allocation of funds collected through the BID levy. BIDs have the benefit of being locally led, and can be tailored and developed to meet the needs of the locality in which they operate.
A BID can be set up by a council, business rate payer or a person or company whose purpose is to develop the BID area. The ‘proposer’ of the BID is required to develop a proposal and submit this to the local authority, along with a business plan setting out the size and scope of the BID, and what businesses will be required to contribute. Following this, businesses which will be affected by the proposed levy vote in a ballot to determine whether the scheme goes ahead.
The amount that businesses pay (the BID levy) is calculated by the business rates of the premises within the targeted area in a similar way to the late night levy (LNL) and the money is ring-fenced to use within the BID area. Unlike the LNL, all types of business contribute rather than just those open between 12.00pm-6.00am, meaning that BIDs can often raise more revenue than LNL.
Whilst councils will often play a role in BIDs, they are primarily business led with businesses deciding and directing what they want money to be spent on. This could include extra safety, cleaning or environmental measures. Councils do have the power to propose the introduction of a BID, however they still need to go through the ballot process and ultimately any scheme would need the support of business to be successful meaning in some cases BIDs are not always a viable option.
Case study Cheltenham
A LNL was introduced in Cheltenham in 2014 and between its introduction and 2017 raised over £250,000 which was allocated to various projects to improve the late night economy. Projects and work funded by the levy include the purchase of body worn CCTV cameras for taxi marshals and licensed door staff, funding a ‘club hosts’ trial in partnership with DrinkAware and obtaining Purple Flag accreditation for the town. In August 2016, Cheltenham adopted its first BID which is set to generate around £440,000 annually through its levy. Although the BID focused on a smaller area of the city, Licensing Act 2003 19 the significant majority of licensed premises paying the LNL were also subject to the BID levy and therefore were disproportionately affected. In 2017 the council made a decision to remove the LNL given the BID’s potential to generate significantly more income and its commitment to continue to fund the existing projects funded by the LNL, where they operated within the BID area.
Case study LeedsBusiness Improvement District Leeds Business Improvement District (LeedsBID), established in 2015 was developed by the city’s business community and has been a catalyst for change, leading on inspiring plans, projects and events to deliver its vision to make Leeds city centre an attractive place to live, work, visit and do business.
Representing close to 1,000 businesses and organisations in the city centre (those within the BID area with a rateable value of £60,000 or above), LeedsBID is focused on transforming Leeds city centre working in collaboration to improve experiences and standards for all city users.
Initiatives led by LeedsBID include the introduction of new street teams to improve the welcome and experience for people, the creative use of art, lighting and experiential activities in public spaces and a new programme of events.
LeedsBID has been a lead partner in helping strengthen, improve and highlight the city’s growing evening economy, working collaboratively with a range of organisations to secure Purple Flag status. The LeedsBID Street Rangers provide an early morning reactive service to tackle litter from the night before, while the introduction of the Leeds Evening Ambassadors (primarily funded by LeedsBID with Leeds City Council and BACIL (Businesses Against Crime in Leeds), welcome people in to the city centre on Fridays and Saturdays from early evening through to the early morning. In addition new events and activities have helped to encourage people into the city for a night out.
More information about
LeedsBID can be found on their website.
Early morning restriction orders (EMROs)
An Early Morning Restriction Order may be applied where an area experiences a significant amount of late-night alcohol-related crime and disorder. The order, which can apply to a specific geographical area within the council’s district, can restrict all alcohol sales (but not other licensable activities) between midnight and 6.00 am where this is appropriate for the promotion of the licensing objectives. A strict consultation process must be followed before an EMRO can be adopted. Although it was introduced in the Police Reform and Social Responsibility Act 2011, no licensing authority has yet introduced one.
Blackpool Council looked at the introduction of an EMRO to restrict premises in the town centre from selling alcohol between 3.00 am and 6.00 am. After consideration, the Licensing Committee decided that an EMRO would be disproportionate and instead opted to establish a multi-agency Night Time Economy Working Group which could present recommendations to the committee on alternative approaches to addressing violent crime in the town centre.
Role of councillors
Licensing committees/sub-committees
Membership of the licensing committee is prescribed within the Act, and should consist of at least 10, but no more 15 councillors. The licensing committee may delegate some of its responsibilities to a licensing sub-committee, however this must consist of three members of the main committee in order for decisions to be made with proper authority. This has been highlighted in recent case law where the decision of a licensing sub-committee in a review hearing was challenged successfully on the basis that the sub-committee was not lawfully constituted as members were not part of the licensing committee. The sub-committee does not need political balance and can also be appointed outside of full council. We also recommend that effort is taken to ensure that licensing committees are representative of the local communities that they serve.
The sub-committee’s primary role is to consider whether a licence application is likely to undermine one or more of the licensing objectives in the light of any relevant representations that may have been made about it. These considerations will be made at a hearing.
Licensing hearings, which are convened when a sub-committee is required to consider a contested application, must be held within strict timescales which are set out in regulations.
Day-to-day administration is carried out by licensing officers with some authorities opting for shared service arrangements. Licensing teams are commonly located within environmental health, regulatory services or legal services departments.
The Licensing Act 2003 (the Act) is a permissive regime. This means that licences must be granted if they have been made in accordance with statutory requirements and in the absence of any relevant representations or (depending on the type of application), objections.
Councillors may wish to check if arrangements are in place for the grant of non-contested licences to be reported to members on a regular basis, for example by an annual report to the Licensing Committee.
In 2017 and 2022, a House of Lords select committee undertook post-legislative scrutiny of the Act. The 2017 inquiry was critical of licensing committees/ sub committees and expressed concern about poor examples of practice. The 2022 inquiry recognised that significant progress had been achieved in a number of areas, notably training of licensing committee members, however the Committee continues to believe further improvements are required.
Training of councillors
No councillor should be permitted to sit on a committee or sub-committee without first having been formally trained.
It is important that training does not simply relate to procedures, but also covers the making of difficult and potentially controversial decisions, as well as the legal parameters within which the committee as a decision-making body may operate. The use of case study material can be helpful to illustrate this.
All training should be formally recorded by the council and require a signature by the councillor. Training should be refreshed at regular intervals for example following changes in legislation.
To support councils in providing comprehensive training for licensing committee members, the LGA has developed a suite of training tools. We have developed a free online e-learning module on licensing for all councillors to use, as well as a series of scenario-based training videos and a free licensing leadership essentials course for chairs and vice chairs of licensing committees. These resources can be accessed on our website.
In addition to in-house and LGA training, there are a number of independent training providers, including licensing bodies – the National Association of Licensing and Enforcement Officers (NALEO) and the Institute of Licensing (IoL).
The LGA has also worked with the Institute of Licensing to develop a suggested training standard, which sets out what the LGA and the IoL believe to be a basic level of licensing committee member training. Some Licensing Act specific training suggestions can also be seen below.
Suggested content of a training course
- background to the Licensing Act
- makeup of local licensed premises
- current industry trends
- licensable activities
- the Licensing Authority
- responsible authorities
- statement of licensing policy
- statutory guidance
- premises licences
- personal licences
- temporary event notices
- club premises certificates
- industry initiatives such as Challenge 21, ID entry schemes, Best Bar None
- enforcement - licence reviews - other procedures
- making representations
- holding a hearing - committee procedure, rules of nature justice, proportionality, Wednesbury principles, officer advice and other legislative duties, eg Human Rights Act - member’s conduct during a licence consultation
- member’s conduct at a hearing and declaration of interests
- assessing and testing representations
- developing licence conditions
- giving reasons
- appeals
- partnership working with the licensed trade and others.