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Select Committee on the Licensing Act 2003
The Licensing Act 2003: post-legislative scrutiny

Report of Session 2016-17 - published 4 April 2017 - HL Paper 146

Contents

Summary

Chapter 1: Introduction

Constitution and Terms of Reference of the Committee

Chapter 2: The Act—an overall perspective

Introduction

The Act: Background

Outline of the provisions of the Act

Subsequent amendments to the Act

Changes in outlets and consumption

Figure 1: Number of licences, England and Wales, 2007–2016

Box 1: Outlets for the sale of alcohol as at 31 March 2016

Figure 2: Total volume and per adult levels of pure alcohol clearances, UK, 1992/93–2012/13

Alcohol policy, licensing policy and health

Figure 3: Age-standardised alcohol-related death rates per 100,000 population, UK, 1994–2014

An overall impression

Box 2: Overall assessments of the Act

Chapter 3: The Licensing Process

Introduction

Are licensing committees working?

Integration of licensing and planning

Licensing and planning committee structures compared

Integration: the views of witnesses

A single licensing and planning panel?

Would a change impose a burden on local authorities?

Our conclusion

Chapter 4: Appeals

The appellate system for licensing cases

Box 3: The lack of precedent

Comparable appellate structures

Transferring licensing appeals to planning inspectors

An additional burden?

Our conclusion

Chapter 5: Immediate Changes

Introduction

Licensing committees

Licensing hearings

Box 4: Extract from the Licensing Act 2003 (Hearings) Regulations 2005, SI 2005/44

Licensing appeals

Notification of applications

Coordination between the Licensing and Planning Systems

Chapter 6: The Licensing Objectives

Health and well-being

Enjoyment of licensable activities

Access to licensed premises for disabled people

Disabled access: an alternative

Chapter 7: The Off-Trade

Introduction

Figure 4: Volume of pure alcohol sold in England & Wales: proportion sold through the on-trade and off-trade, 1994–2015

Figure 5: Premises Licences by Type, 2008–2016

Super-strength schemes

Box 5: Carlsberg’s 30 April 2015 update on its Responsibility Deal Pledge

Box 6: Examples of super-strength schemes currently in operation

Group Review Intervention Powers (GRIPs)

Restrictions on off-trade alcohol retailing in Scotland

Chapter 8: Temporary Event Notices

Introduction

Community versus commercial uses of TENs

Other issues

Community and Ancillary Sellers’ Notices (CANs)

Chapter 9: Crime, Disorder and Public Safety

Introduction

Figure 6: Violent incidents where the victim believed the offender(s) to be under the influence of alcohol, year ending March 2006 to year ending March 2015, England and Wales

Policing

Cumulative Impact Policy

Police closure powers, and powers of summary review

Box 7: The restricted effect of a closure notice

Chapter 10: The Night-Time Economy

Introduction

Early Morning Restriction Orders

Late Night Levies

Table 1: Late Night Levy fees

Business Improvement Districts and voluntary schemes

Chapter 11: Live Music

Introduction

Box 8: Regulated Entertainment

Live Music Act 2012

Box 9: Licensing trends associated with the Live Music Act 2012

Box 10: Mechanisms for protecting local residents in live-music related cases

‘Agent of Change’ principle

Chapter 12: Fees and Fee Multipliers

Licensing fees

Fee multipliers

Table 2: Application Fees

Table 3: Annual Charges

The EU Services Directive

Chapter 13: Other Matters of Importance

Application systems

National Database of Personal Licence Holders

Suspension of licences for non-payment of business rates

Clubs

Box 11: The Five Qualifying Conditions for Clubs

Sales of alcohol airside and portside

Sale of alcohol to a person who is drunk

Summary of conclusions and recommendations

Appendix 1: List of Members and declarations of interest

Appendix 2: List of Witnesses

Appendix 3: Call for evidence

Appendix 4: Note of visit to Southwark Council Licensing Committee

Appendix 5: Acronyms

Evidence is published online at http://www.parliament.uk /licensing-act-committee and available for inspection at the Parliamentary Archives (020 7219 3074).

Q in footnotes refers to a question in oral evidence.





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