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Guidance

Guidance to licensing authorities

Our guidance for licensing authorities.

Contents


2 - Statutory framework

4.4 In addition to the Act, there is other legislation which licensing authorities should be aware of.

Licensing Act 2003

4.5 Licensing authorities in England and Wales have responsibilities under the Licensing Act 2003 (opens in new tab). There are some inter-dependencies between the Licensing Act 2003 (opens in new tab) and the Act, in terms of the framework for decision making and the procedures that must be followed. However, licensing authorities must take care to ensure that they follow the procedures and only take into account issues that are relevant to the Act, when dealing with applications under the Act. Particular care should be taken to distinguish considerations made under the Act from those relevant to alcohol licensing, public entertainment or late night refreshments.

Licensing (Scotland) Act 20052

4.6 The position in Scotland is similar, with procedures and decision making requirements under both the Licensing (Scotland) Act 2005 (opens in new tab) and the Act. The same care must be taken by licensing authorities in Scotland to consider only those issues which are relevant to matters under the Act in their decision making, and to ensure that they follow the prescribed procedures under the Act.

Other provisions and legislation

4.7 Conditions on premises licences should relate only to gambling, as considered appropriate in light of the principles to be applied by licensing authorities under s.153 of the Act. Accordingly, if the Commission’s Licence conditions and codes of practice (LCCP) or other legislation places particular responsibilities or restrictions on an employer or the operator of premises, it is not necessary or appropriate to impose similar conditions on a premises licence issued in accordance with the Act.

4.8 Similarly, where other legislation confers powers on inspection and enforcement agencies in relation to separate activities or concerns, the Act does not affect the continued use of such powers, for example, the powers of an environmental health officer in respect of statutory nuisance under the Environmental Protection Act 1990 (opens in new tab).

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Introduction
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Licensing authority decisions
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