Local Government analysis: Having previously held that council meetings and, by extension, licensing hearings conducted under the provisions of the Local Government Act 1972 (LGA 1972) had to take place at a single, specified geographical location; and that ‘attending’ such a meeting involves physically going to it; and being ‘present’ at such meeting involves physical presence at the location, the High Court has held that under the Licensing Act 2003 (LA 2003) and The Licensing Act (Hearings) Regulations 2005,…licensing committees in England (may) hold licensing hearings remotely. Written by David Wilson, licensing consultant at A2Z Licensing.

This Practice Note considers the three types of conditions that can be imposed on a premises licence granted under the Licensing Act 2003 (LA 2003), namely mandatory, proposed and imposed conditions. It covers the details of those conditions, together with conditions that are not permitted. Types of conditions LA 2003 allows conditions to be attached to a premises licence or club premises certificate in three circumstances, namely: • mandatory conditions—these are conditions that must be attached to a premises licence or club premises certificate in the circumstances specified • proposed conditions—these include conditions suggested by an applicant or the holder of a premises licence or club premises certificate and those that are considered to be consistent with the operating schedule accompanying an application, and • imposed conditions—these are conditions that the licensing authority considers appropriate for the promotion of the licensing objectives, following receipt and consideration of relevant representations at a hearing (unless all the parties agree that a hearing is not necessary) Conditions

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 sub-committees 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

Licensing IP rights—introduction Drafting IP licences can raise a number of commercial and legal issues, which are often complex and lead to much negotiation. This Practice Note focuses on the key practical points you should consider prior to drafting and during the negotiation of an IP licence (from both a licensor’s and a licensee’s perspective). Fundamentally, an IP licence is the granting of permission, by a licensor to a licensee, to use IP which the licensee would otherwise be prevented from using. IP can be used and monetised by its owner in the form of either ‘a carrot or a stick’. Parties may negotiate the terms of a mutually beneficial IP licence, for example to develop new products or penetrate new markets. Conversely, an IP owner may use its IP more defensively and seek to impose settlement licences on, and ultimately receive settlement fees from, those parties already using its IP without the owner’s consent. Therefore, the starting point, and the wider commercial realities, will significantly shape the negotiation and

Brexit impact As of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it had entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU relationship. Announced just one week before IP completion day, the EU-UK Trade and Cooperation Agreement (TCA), and associated agreements came at the eleventh hour, leaving little time to put in place the necessary legal and practical arrangements to make the deal fully operational. The

What is the impact of Brexit on GB electricity transmission? Brexit has a number of impacts on the GB electricity market, including in relation to EU law on transmission licensing. As of 31 January 2020 (exit day), the UK is no longer an EU Member State. At this date, it entered an implementation period during which it continued to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. The European Union (Withdrawal) Act 2018 (EU(W)A 2018) received Royal Assent on 26 June 2018. Following IP completion day, EU(W)A 2018 created a new category of domestic law—‘retained EU law’ (REUL) made up of: • EU derived domestic legislation (EU(W)A 2018, s 2) • retained direct EU legislation (EU(W)A

What is the physical infrastructure of the GB electricity market? In broad terms, the physical infrastructure of the Great Britain (GB) electricity market can be divided up as follows: • generators—these installations produce the electricity. They are connected to what is colloquially referred to as ‘the grid’, so that they can ‘export’ electricity for conveyance to the consumer’s premises. For more information on generators generally, see Practice Notes: Great Britain electricity generation, distribution and supply licensing and exemptions regime and The Great Britain electricity market—an introduction • interconnectors—interconnectors are high-voltage connections between the electricity systems of two countries; this allows electricity to be traded across borders. Interconnectors share a number of physical characteristics with offshore transmission lines but are licensed separately and are subject to different regulatory obligations. For more information, see Practice Notes: Great Britain electricity interconnectors and The Great Britain electricity market—an introduction • transmission system—the ‘national electricity transmission system’ (NETS) is made up of several connected, high-voltage networks that are owned separately, but operated collectively by the ‘system operator’ or ‘SO’ (the National Energy

This Practice Note provides an overview of the licensing regime in place in respect of electricity generation activities in Great Britain (GB), including electricity storage as a form of generation. It covers the physical infrastructure of the GB electricity market, the requirements, application procedure and assessment criteria for the grant of a generation licence as well as considering the standard and special conditions of a generation licence when granted. It also considers the treatment of electricity storage as a form of generation. The remainder of this Practice Note refers to ‘generators’ for ease of reading, but this should be read synonymously with ‘storage providers’. The Department for Energy Security (DESNZ) was established on 7 February 2023 and has taken over the energy portfolio of the former BEIS, which no longer exists. References to ‘BEIS’ within this Practice Note should be treated as references to the historical functions of BEIS. What is the physical infrastructure comprising the GB electricity market? In broad terms, the physical infrastructure of the GB electricity market

This Practice Note summarises the application, purpose, content and structure of the Licensing Act 2003 (LA 2003) as it applies to England and Wales. The requirement for authorisation LA 2003 makes it an offence for any person to carry on or attempt to carry on a ‘licensable activity’ (see below) on or from any premises otherwise than in accordance with an authorisation. The maximum penalty on summary conviction is a term of imprisonment of up to six months, or an unlimited fine, or both. See Practice Notes: Summary of offences under the Licensing Act 2003 and Children and alcohol offences under the Licensing Act 2003. Licensing authorities Responsibility for the grant and review of premises licences lies with the relevant licensing authority, which is the local authority for the relevant area. Each licensing authority must establish a licensing committee consisting of at least ten, but not more than fifteen, members of the authority. Certain functions may be delegated to sub-committees or to officers. For more information,

Lidl Great Britain Limited (Lidl) has signed a legal agreement (known as a section 23 agreement) with the Equality and Human Rights Commission (EHRC) to prevent sexual harassment at the workplace. The agreement was signed in response to an employment tribunal judgment holding that Lidl failed to take all reasonable steps to prevent the sexual harassment of a young female employee between February 2019 and July 2021.

ARCHIVED: This Practice Note has been archived and is not maintained. The Liechtenstein Disclosure Facility (LDF) was a voluntary disclosure facility that extended to all main taxes including, but not limited to, income tax, corporation tax, PAYE, capital gains tax, VAT and inheritance tax. The LDF opened in September 2009 and was originally scheduled to run until 2015. It was then extended to 5 April 2016 before the closure was brought forward to 31 December 2015. The LDF was available to all UK taxpayers, including individuals, executors, trustees, partnerships and companies. It was targeted at those with UK tax liabilities connected to Liechtenstein, although taxpayers with no existing connection to Liechtenstein could bring themselves within the scope of the LDF by, for example, opening a bank account in the jurisdiction. It allowed for the disclosure of tax irregularities relating to a period of ten years prior to April 2009 and for settlement on beneficial terms, with a guarantee of no prosecution, except in exceptional circumstances. The remainder of this Practice Note provides a summary

In a lien, the creditor retains possession of goods previously delivered to him for some other purpose.