The following Local Government guidance note Produced in partnership with David Lucas of Fraser Brown Solicitors provides comprehensive and up to date legal information covering:
This Practice Note sets out the law and practice in relation to the duties and responsibilities of a licensing authority under the Licensing Act 2003 (LA 2003).
This includes the requirement for a licensing authority to establish a licensing committee to discharge its licensing functions and the option for a licensing committee to constitute one or more sub-committees to deal with most of its licensing functions.
A licensing authority should have a good working knowledge of the LA 2003 as interpreted by the courts, the relevant regulations made under the LA 2003, the statutory guidance and their own statement of licensing policy. It must also observe and follow the rules of natural justice; particularly in relation to hearings where it must act:
without any bias
The duties and responsibilities of a licensing authority consist of the following general duties:
to carry out its functions under LA 2003 with a view to promoting the licensing objectives
the licensing objectives are:
the prevention of crime and disorder
the prevention of public nuisance
the protection of children from harm
in carrying out its licensing functions, a licensing authority must also have regard to:
its licensing statement published under LA 2003, s 5
any guidance issued by the Secretary of State
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