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Revised guidance has been issued

Napthens - October 24th 2014

Following a number of recent changes, the guidance issued under Section 182 of the Licensing Act 2003 has been revised by the Home Office.

The revised guidance takes account of amendments to the Temporary Event Notice forms, the amended mandatory conditions and also clarifies aspects of the process by which licensing authorities introduce Early Morning Restriction Orders (EMROs).

Minor changes to be aware of include:

  • Revisions relating to the use of health data to underpin decisions based on what is appropriate to promote the licensing objectives and to protect children from harm
  • A reference to the Portman Group’s Retailer Alert Bulletins, which licensing authorities should consider imposing as a condition on licence holders where there is specific evidence of irresponsible naming, packaging or promotion of alcohol drinks which are linked to the undermining of one of the licensing objectives
  • Licensing authorities may wish to consider whether conditions are appropriate to prevent the sale of New Psychoactive Substances (NPS) alongside the sale of alcohol at licensed premises
  • Clarification that it is an offence to store counterfeit alcohol on licensed premises
  • Clarification that cumulative impact policies can apply to any licensable activity
  • The powers available to licensing authorities to consider the staggering and zoning of closing times