News Government Issues Revised Statutory Guidance

“The Government last week issued the revised Statutory Guidance.

The Guidance contains a number of amendments, including:

• There are several changes in relation to guidance on TENs.

These include clarification that TENS’ users shall provide clear description of locations when events are held in open spaces and particularly when adjacent plots are used; how will the user ensure that each 499 occupancy limit is maintained?

In keeping with principles of the involvement of local people in licensing there is also suggested good practice for local Authorities to notify local Councillors and residents by putting their TENS’ register on the council’s website to facilitate public assess.

• There is a new section on beer gardens (8.35 – 8.37 inclusively).

This provides useful confirmation about where the sale of alcohol takes place, that the sale is not outside unless there is an outdoor bar and that if the area is simply for consumption of alcohol then there is no requirement to put the outside area on the licensing plan.

• Helpfully, 9.12 has been amended to remove the reference to Licensing Authorities accepting all reasonable police representations.

• There is some useful clarity on the hearing process and the use of adjournments to extend time limits if it is in the public interest and if the parties are in negotiation.

• Paragraph 13.11 emphasises that it is important following an appeal to give clear reasons if there is a settlement particularly when local residents are not involved.”

• There are also new paragraphs relating to the changes to give cumulative impact policies a statutory footing.

The revised Guidance is here www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003

For further information on this or any other legal related licensing issues contact solicitor James Anderson 0115 953 8500 or email j.anderson@popall.co.uk.