Licensing and permit offences

Licensing offences

All of the offences under the Licensing Act 2003 (LA 2003) are summary-only offences, triable only in the magistrates' court, which normally have to be prosecuted within six months of the offence being committed. However, LA 2003, s 186(3) states that the time limit for laying an information is extended from six months to twelve months from the date of the offence.

Local Authorities or the police can prosecute people for any of the offences contained in the Act. If prosecuted, the court may also order the forfeiture of a personal licence or suspend it for up to six months and also order forfeiture of any goods concerned (eg alcohol). If convicted of an offence, the police may also raise objections to the defendant holding a personal licence, and the council can hold a hearing to consider whether their personal licence should be revoked.

See Practice Note: Summary of offences under the Licensing Act 2003.

Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982) sets out a categories of sex establishments including 'sexual entertainment venues',

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Local Government News

The necessity of a DOLs order where all parties with parental responsibility consent (J (through his Children's Guardian) v Bath and North East Somerset Council and others)

Family analysis: The Court of Appeal held that even in cases where the local authority and the parents of a profoundly disabled 14-year-old agreed to a restrictive regime for him, contrary to the decision of Mr Justice Lieven in the court below, a deprivation of liberty (DOLs) order was necessary, as Article 5 of the European Convention on Human Rights (ECHR) was engaged. Had the decision of Lieven J been allowed to stand, the logical consequence would have been that there would have been no need for any local authority to apply for a DOLs order where it holds a care order for the child. The Court of Appeal allowed the appeal and gave clear guidance that a local authority cannot 'mark its own homework'. Teertha Gupta KC at 4PB considers the issues.

Supreme Court confirms that section 10(1) of Dartmoor Commons Act confers a public right of access (Darwall and another v Dartmoor National Park Authority)

The Supreme Court has unanimously dismissed Mr and Mrs Darwall’s appeal, holding that the interpretation of section 10(1) of the Dartmoor Commons Act 1985 (DCA 1985) grants the public a right of access which extends to wild camping as a form of open-air recreation. Hannah Brown, senior solicitor and Matthew McFeeley, partner, at Richard Buxton Solicitors, and Rosie Brain, solicitor at Clarke Willmott, discuss the implications of the judgment.

Welsh Government publishes children's rights assessment for homelessness bill

The Welsh Government has published a children's rights impact assessment concerning the Homelessness and Social Housing Allocation (Wales) Bill, which analyses the implications of the proposed legislation on children's rights in Wales. Additionally, the Welsh Government has issued an integrated impact assessment (IIA) to assess the effects of the bill. This assessment is a component of the legislative process for new housing laws designed to tackle homelessness and social housing allocation in Wales. The IIA reviews the potential impacts of the proposed measures on different stakeholders and policy areas within the Welsh housing sector.

The High Court’s approach for appeals against teaching prohibition orders (Vanhove v Secretary of State for Education and TRA)

Local Government analysis: This case involved an appeal against a prohibition order imposed by the Secretary of State for Education following a recommendation by the Professional Conduct Panel of the Teaching Regulation Agency. The appeal was dismissed. The court outlined the correct approach to be taken when considering an appeal against a determination by the Professional Conduct Panel and affirmed that appeals should be conducted by way of review, not a full re-hearing. Written by Vida Simpeh, barrister, at 4-5 Gray’s Inn Square.

View Local Government by content type :

News