Police Reform and Social Responsibility Act
- Responsible Authorities
- Temporary Events Notices
- Licensing Policies
- Determination of Applications
- Contact
The Police Reform and Social Responsibility Act 2011 received Royal assent on 15 September 2011 and is now law. Parts of the Act will be brought in through legislative changes to the Licensing Act 2003 and some will be brought in through changes made to the Secretary of State’s Guidance, issued under Section 182 of the Licensing Act 2003. Some of these changes came into effect on 25 April 2012.
April 2012 changes
The changes now in effect are as follows:
- The Licensing Authority and Health Bodies are now Responsible Authorities within the meaning of the Act
- Interested Parties - the vicinity test is no longer relevant
- Temporary Event Notices (TENs) - Environmental Health Officers are now able to consider TENs
- Statement of Licensing Policy are reviewed every 5 years
- Determination of applications
- Payment of Annual Licence Fee
Responsible Authorities
The Licensing authority has become a Responsible Authority for premises and club premises applications. The Licensing authority will now be able to make representations and will be able to apply to review a premises licence or club premises certificate.
Primary Care Trusts have also joined the list of Responsible Authorities and will be able to make representations regarding licensing applications and apply for reviews. They will be able to make representations under the Public Safety licensing objective.
Interested parties
The term ‘interested party’ has now been removed from the Licensing Act 2003. There will no longer be a “vicinity” test; instead anyone “likely to be affected by the application” will be able to make representations either for or against an application. However any such objection must still relate to one or more of the licensing objectives and must not be frivolous or vexatious.
|Back to topTemporary Event Notices (TENs)
All four licensing objectives are now able to be considered when assessing the likely impact of a TEN. Both the police and environmental health responsible authorities will be able to object to a TEN under any one of the licensing objectives.
Where an objection is received in relation to a TEN, conditions may be applied to the event if the authority considers it appropriate for the promotion of the licensing objectives to do so. This can only be done if those conditions are also on a premises licence or club premises certificate that has effect in respect of the same premises as the TEN.
Time limits relating to the submission of TENS has now been relaxed and are put into two categories. There is now firstly a ‘standard’ TEN, which must be served on the licensing authority and responsible authorities 10 working days before the first day of the event.
Secondly, there are ‘late’ TENs. The ‘late’ TEN may be submitted between 5 and 9 working days before the first day of the event. However, if objections are received to the late TENs application, the event will not be permitted to go ahead and there will not be any right of appeal against this decision.
The permitted duration of activities has also been increased. A single event will be permitted to run for a maximum of 168 hours (7 days), and the maximum number of days a single premise may be used for events over a calendar year has been increased to 21 days. Other restrictions related to TENs, such as only being permitted to hold 12 events at a premises in a calendar year, remain unchanged.
|Back to topLicensing Policies
Licensing authorities are now required to review their Statement of Licensing Policy every five years. Licensing authorities will also be given the option to consider creating policies relating to flexible closing times, such as:
- staggered closing times for different premises in an area
- 'zones' within their area where all premises are not permitted to operate beyond a certain time, and
- fixed closing times in designated areas where there are issues of crime and disorder and noise disruption
If Haringey licensing authority chooses to adopt any of these policies a full consultation will be undertaken to determine the issues.
|Back to topDetermination of Applications
The burden of proof when determining licence applications and imposing conditions on licences has been reduced.
Currently licensing authorities are only able to take a particular action if it is deemed “necessary” for the promotion of the licensing objectives. This wording has now been amended so that the licensing authority can make a decision if it is deemed “appropriate” for the promotion of the licensing objectives.
Determinations will still have to be evidence based, justified as being appropriate for the promotion of the licensing objectives and appropriate to what it is intended to achieve. They will also have to take into account whether any conditions being imposed can feasibly be met and the impact of the conditions on promoting other licensing objectives.
Payment of annual licence fee
Licensing authorities now have the power to suspend premises licences and club premises certificates for non-payment of the annual licence fee. Consideration is able to be given to allow for administrative errors and disputes.
There will also be a 21 day 'grace period' after the annual fee becomes due to allow time to make payment before the licence or certificate can be suspended.
|Back to topContact
Licensing Team
Single Frontline
Unit 271 Lee Valley Technopark
Ashley Road
Tottenham
N17 9LN
Tel 020 8489 8232
Fax 020 8489 5528
Email Licensing@haringey.gov.uk
