Licensing committees

Produced in partnership with David Lucas FBII, MIoL of Lucas Licensing Limited and Jonathan Smith of Poppleston Allen

Practice notes

Licensing committees

Produced in partnership with David Lucas FBII, MIoL of Lucas Licensing Limited and Jonathan Smith of Poppleston Allen

Practice notes

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). It covers 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 subcommittees to delegate most of its licensing functions. It also includes advice on best practice for licensing committees and/or sub-committees on how to conduct hearings and how to avoid common pitfalls.

A licensing authority should have a good working knowledge of LA 2003 as interpreted by the courts, the relevant regulations made under 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:

•
fairly
•
objectively
•
impartially
•
without any bias

For further guidance on local authority decision making, see Practice Note: Key considerations in local authority

David Lucas, FBII, MIoL

Solicitor, Lucas Licensing Limited

David is a specialist in gambling, alcohol and entertainment licensing and has recently become a consultant.

He has previously represented operators of alcohol, entertainment and gambling premises in Great Britain. He has also advised responsible authorities and licensing authorities, including acting as legal advisor to licensing committees.

David provides training to operators, licensing authorities and responsible authorities on all aspects of licensing and gambling including specialist areas such as compliance, conditions, hearings and appeals.

He is a consulting editor to “Paterson’s Licensing Acts” (Butterworths) and has provided contributions on the Licensing Act 2003 and the Gambling Act 2005. David is also the author of Licensing and Gambling Practice Notes published by LexisNexis.

David is a member of the Board of the Institute of Licensing and Chairman of the East Midlands Region. He is also a member of the national Board of Best Bar None and the regional council of the BII.

Jonathan Smith

Partner, Poppleston Allen

Jonathan joined Poppleston Allen at the beginning of 1997. After being made Partner in 2002, he succeeded founder Jeremy Allen as Managing Partner in 2006, splitting his time between developing the firm and advising clients.

In April 2018, Jonathan handed over the reins as Managing Partner to concentrate fully on helping licensed operators solve their alcohol licensing problems.

Jonathan’s advice includes obtaining new premises licences, licence variations and licensing reviews, of which he is a veteran of over 250. To help understand the pressures that people working in the leisure sector face, Jonathan holds five licensing qualifications covering England, Wales and Scotland.

Jonathan regularly speaks at conferences and seminars. He sat on the Institute of Licensing’s operational and development committee and has sat on various Home Office and Department of Culture, Media and Sport advisory groups. By request, he was called to give evidence as part of The House of Lords Select Committee in a review of the Licensing Act 2003.

Some of Jonathan’s key clients include; Dominos, St Austell Brewery, Parkdean Resorts, Bourne Leisure and Red Oak Taverns.

The Chambers & Partners Guide describes Jonathan as “very experienced and a great source of information.” With a particular strength in providing excellent outcomes for clients. The Legal 500 Guide recognises Jonathan in their Hall of Fame. A category reserved for law firm partners who are at the pinnacle of the profession.

Best Lawyers has recognised Jonathan as one of the best legal talents in the world since 2009.

Jurisdiction(s):

United Kingdom

Key definition:

Authority definition

What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

Licensing committees

Produced in partnership with David Lucas FBII, MIoL of Lucas Licensing Limited and Jonathan Smith of Poppleston Allen