Proposed additional or amendments to paragraphs in the Statement of Licensing Policy (changes highlighted)

 

Paragraph  number in current policy

Current policy wording

New Paragraph number

Proposed wording

Reason for change

 

Glossary

Interested Party

 

Defined in the Act as a person living in the vicinity of the premises; a body representing persons who live in that vicinity; a person involved in a business in that vicinity; a body representing persons involved in such businesses; or a member of the relevant licensing authority.

Glossary

Other Person

 

Persons who live, or are involved in a business, in the relevant licensing authority's area and who are likely to be affected by an application

 

Change in term brought about by new legislation

Glossary

Relevant representation

 

The Licensing Authority may only consider relevant representations (objections) in determining applications. Relevant Representations are defined in the Act as being those that:

§           are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives

§           are made by an interested party or responsible authority within the prescribed time period following an application

§           are not frivolous or vexatious (in the opinion of the Licensing Authority)

Glossary

Relevant representation

 

The Licensing Authority may only consider relevant representations (objections) in determining applications. Relevant Representations are defined in the Act as being those that:

§           are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives

§           are made by an ‘other person’ or responsible authority within the prescribed time period following an application

§           are not frivolous or vexatious (in the opinion of the Licensing Authority)

Change in term brought about by new legislation


 

Paragraph  number in current policy

Current policy wording

New Paragraph number

Proposed wording

Reason for change

 

Regulated entertainment

 

Defined in the Act as being, where taking place in the presence of an audience and provided, at least partly, to entertain that audience, the:

§           performance of a play

§           exhibition of a film

§           indoor sporting event

§           boxing or wrestling entertainment

§           performance of live music not otherwise subject to exemption

§           playing of recorded music

§           performance of dance

§           entertainment of a similar description to that falling within the performance of live music, playing of recorded music or performance of dance

 

 

Regulated entertainment

 

Defined in the Act as being, where taking place in the presence of an audience and provided, at least partly, to entertain that audience, the:

·           performance of a play in the presence of an audience of over 500

·           exhibition of a film

·           indoor sporting event in the presence of an audience of over 1000

·           boxing or wrestling entertainment (including mixed martial arts)

·           performance of live music not otherwise subject to exemption

·           playing of recorded music

·           performance of dance in the presence of an audience of over 500

·            entertainment of a similar description to that falling within the performance of live music, playing of recorded music or performance of dance

Implementation of Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

 

107

In premises where the provision of indoor sporting entertainment is to be provided, it may be necessary for conditions to control or restrict seating arrangements, the provision of stewards and appropriate medical facilities.

107

In premises where the provision of indoor sporting entertainment in the presence of an audience of over 1000 people,  is to be provided, it may be necessary for conditions to control or restrict seating arrangements, the provision of stewards and appropriate medical facilities.

 

Implementation of Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

 


 

Paragraph  number in current policy

Current policy wording

New Paragraph number

Proposed wording

Reason for change

n/a

 

110

The Authority recognises that changes brought about by the Live Music Act 2013 mean certain performances of live music are no longer considered a licensable activity and consequently cannot be subject to conditions. However, the Authority expects all prospective or existing licence holders providing Live Music in any circumstance to ensure good management practice is followed so as to prevent complaint and action under noise control legislation.

 

 

Implementation of Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

 

n/a

 

111

Whilst existing conditions relating directly or indirectly to performances of live music between 08:00 and 23:00 no longer have effect during those times, licence holders are strongly recommended to continue to provide the control measures those conditions require so as to demonstrate due diligence.

 

Implementation of Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

 


 

Paragraph  number in current policy

Current policy wording

New Paragraph number

Proposed wording

Reason for change

110

Whilst the Environmental Protection Act 1990 and the Noise Act 1996 provide some protection to the general public from the effects of noise and other statutory nuisances arising from licensed premises, it is often necessary to apply conditions that promote good management practice or otherwise promote the prevention of public nuisance so as to protect the amenities of local residents.

 

112

Whilst the Environmental Protection Act 1990 and the Noise Act 1996 provide some protection to the general public from the effects of noise and other statutory nuisances arising from licensed premises, conditions that promote good management practice or otherwise promote the prevention of public nuisance residents will be applied in respect of licensable activities where appropriate.

 

Implementation of Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013