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Guidance

Guidance to licensing authorities

Our guidance for licensing authorities.

Contents


2 - Enforcement officers and authorised persons

36.6 S.303 of the Act enables the Commission to designate employees of the Commission and to appoint persons other than employees, as enforcement officers for the purpose of the Act.

36.7 An officer of a licensing authority can be an authorised local authority person (authorised person) under s.304 of the Act, if the conditions in s.304(2) of the Act are met, namely if:

  • the premises are wholly or partly situated in the authority's area
  • the officer is designated by the authority as an authorised person for the purposes of s.304.

36.8 Designation of someone as an authorised person for the purposes of s.304(2) is likely to be carried out by the local authority’s licensing committee.

36.9 In England and Wales, s.101(1) of the Local Government Act 1972 (opens in new tab) provides that ‘a local authority may arrange for the discharge of any of its functions by a committee, sub-committee or officer of the authority'. Delegations are set out in tables at Appendix G.

36.10 In Scotland, a Council’s internal functions are laid down in the Local Government (Scotland) Act 1973 (opens in new tab) as amended, principally by the Local Government (Scotland) Act 1994 (opens in new tab) and the Local Government in Scotland Act 2003 (opens in new tab). S.56 of the Local Government (Scotland) Act 1973 (opens in new tab) provides that ‘a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland’.

36.11 Authorised persons of the licensing authority exercise their inspection powers in accordance with the principles set out in the licensing authority’s statement of policy.

36.12 S.304(3) and (4) set out the circumstances in which officers of local authorities that are not licensing authorities, and certain other persons, can be authorised persons for the purposes of Part 15 of the Act. One example is Trading Standards officers who can be authorised by licensing authorities under s.304(3)(b) of the Act for the purposes of conducting test purchasing exercises.

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