Licensing Authorities

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Presentation transcript:

Licensing Authorities

Licensing is a permissive and not prohibitive function. It should allow businesses and people to provide activities. However, there must be a balance with the needs of the residents. Every application should be determined in accordance with the relevant legislation/guidance and on its own individual merits.

Licensing authorities issue a range of authorisations in the form of licences, notices, permits, registrations and consents. There is a range of legislation covering the activities authorised.

Licensing Act 2003 - Premises licences for sale of alcohol, regulated entertainment and late night refreshment. Gambling Act 2005 – Premises licences, gaming machine permits, gaming permits and Small Society Lotteries. Town Police Clauses Act 1847 & Local Government (Miscellaneous Provisions) Act 1976 – Taxis and Private Hire Local Government (Miscellaneous Provisions) Act 1982, Section 3 and schedule 4 – Street Trading Local Government (Miscellaneous Provisions) Act 1982, Section 14, 15 and 16, as amended by the Local Government Act 2003 – Special Treatments e.g. Acupuncture, Electrolysis, Tattooing Local Government (Miscellaneous Provisions) Act 1982, as amended by the Policing and Crime Act 2009, Section 2 and schedule 3 – Sex Establishments Also can include Animal Establishments, Caravan Licensing/Camping, Houses in Multiple Licences, Boatmen and Pleasure Boat licences, Scrap Metal Licences and Charity collections

Some of the authorisations are issued under national mandatory legislation. Others require the Council to formally endorse the use of their rights and powers under this legislation before any authorisations can be issued.

How can Licensing help businesses? Support businesses through the setting of their policies For example set the starting point for certain licences as a grant, change policies which result in a burden upon businesses or not restrict certain activities. Aim for closer integration with other Council Departments and work in partnership with them To ensure the policies do not conflict and that premises are not visited by numerous teams

How can Licensing help businesses? Carefully consider when adoptive legislation is appropriate – what will be achieved with the introduction of further legislation? Work with businesses to address issues Regularly meet with the trade to understand the barriers they face and how these can be minimised and assist in providing support through the application process.

How can Licensing help businesses? Mediate– seek a resolution to conflict or objections to applications that suits all parties. Provide information on changes in the legislation Provide the ability for applicants to access services 24/7