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Guidance

Guidance to licensing authorities

Our guidance for licensing authorities.

Contents


9 - Reviewing and updating the policy statement

6.62 The licensing authority’s policy statement will have effect for a maximum of three years and must be reviewed thereafter, but the licensing authority may review and alter the policy at any time during the three year period. For example, licensing authorities will need to consider if their policy statement should be reviewed in the event of a change of policy, such as a change in local planning policy.

6.63 Where the policy statement is reviewed and changes proposed, licensing authorities must consult on any revision.

6.64 Authorities should note that where a statement is revised, it is only the revision that needs to be published and consulted on. So, for example, an authority may consult separately on whether to pass a casino resolution and then subsequently publish the resolution as part of the statement. This can be done without any need to review and reopen consultation on the main body of the statement. The same would apply if the licensing authority was updating its local area profile to take account of changing local risks. Any revisions must be published and advertised in the same way as a new statement.

6.65 The regulations referred to at paragraph 6.11 confirm that the form and content of revisions to the policy statement can be determined by the licensing authority, subject to the requirement that the revisions must include an introductory section at or near the beginning, summarising the matters dealt with in the statement and listing the persons consulted in preparing the revision.

6.66 Where the revision deals with any of the matters below, these must be presented in separate sections:

  1. the principles to be applied in exercising the powers under s.157(h) of the Act to designate, in writing, a body which is competent to advise the authority about the protection of children from harm
  2. the principles to be applied by in exercising the powers under s.158 of the Act, to determine whether a person is an interested party in relation to a premises licence, or an application for or in respect of a premises licence
  3. the principles to be applied in exercising functions under s.29 and 30 of the Act with respect to the exchange of information between it and the Commission, and the functions under s.350 of the Act with respect to the exchange of information between it and the other persons listed in Schedule 6 to the Act
  4. the principles to be applied in exercising the functions under Part 15 of the Act with respect to the inspection of premises; and the powers under s.346 of the Act to institute criminal proceedings in respect of the offences specified in that section.
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