Guide to health and safety considerations for licensed premises
Produced in partnership with Nicola Smith of Squire Patton Boggs
Guide to health and safety considerations for licensed premises

The following Local Government guidance note Produced in partnership with Nicola Smith of Squire Patton Boggs provides comprehensive and up to date legal information covering:

  • Guide to health and safety considerations for licensed premises
  • The Licensing Act 2003
  • Fire safety legislation
  • Health and safety legislation considerations for owners and operators
  • Guidance to licensing authorities
  • Promotion of public safety: key issues and best practice
  • The role of health and safety as a responsible authority

Licensed premises owners and operators must consider and implement health and safety law in the workplace like all other employers. Undoubtedly, a licensed premises which provides activities including the sale or supply of alcohol, the provision of regulated entertainment and the supply of hot food and hot drink, may present risks to health and safety owing to the nature of these activities. This is both in terms of operation (eg for movement and storage of heavy barrels, glassware, hot crockery, music volume and crowded spaces) and in terms of the potential intoxication of customers, which may increase the likelihood of incidents.

There is a wide range of existing legislation concerning health and safety and in order to assist local authorities in reviewing these considerations in respect of licensed premises. This Practice Note is intended to provide an overview of the key legislative and policy considerations.

A licensing authority should consider health and safety issues when

  1. granting a licence—the promotion of public safety is a licensing objective under the Licensing Act 2003 (LA 2003). Public safety criteria may be reviewed on an initial application when considering the operating schedule submitted by the proposed licence holder

  2. monitoring compliance with a licence—local authorities and health and safety officers will also have powers of entry to inspect licensed premises and determine whether the conditions of a licence