New licensing guidance for local public health teams has been released by Public Health England (PHE) and the Local Government Association (LGA).
The guidance aims to help Directors of Public Health (DPH) and licensing roles to understand how public health can contribute to the licensing regime and how licensing can contribute to public health. It includes a number of relevant case studies from across the country.
Although protecting public health is not a licensing objective as it is in Scotland, the document sets out what local public health teams may be able to do in relation to each of the existing licensing objectives. Changes to the Licensing Act in 2012 meant local health bodies became a 'responsible authority' and could therefore input into licensing decisions. For instance submitting evidence on local applications or requesting a review. This followed a consultation on 're-balancing' the licensing act, although there are questions over the impact given total licenses have been relatively stable, but the number of reviews dropped.
The new guidance document states:
PHE is keen to maximise the impact of public health within the local licensing regimes and ensure that public health:
- performs its role as a responsible authority effectively
- is a consideration in local licensing policies
- is represented in licensing forums and partnership groups
- shares data and evidence with other responsible authorities
It also states:
As a responsible authority, DPH may, where they have appropriate evidence:
- make relevant representations on the likely effects of the grant or variation of a premises licence or club premises certificate on one or more of the licensing objectives
- make relevant representations on the review of a premises licence or club premises certificate where problems associated with one or more of the licensing objectives occur after the grant or variation of the licence or club premises certificate
- issue an application for the review of a premises licence or club premises certificate where problems associated with one or more of the licensing objectives occur after the grant or variation of the licence or club premises certificate.
- contribute to the development and review of the statement of licensing policy and have a key role in identifying and interpreting health data and evidence.
Over recent years a number of licensing toolkits and guidance documents have been released, and a recent Alcohol Research UK report explored Using licensing to protect public health: From evidence to practice.
Home Office licensing guidance can be accessed here, including revised guidance issued under section 182 of the Licensing Act 2003.
Comments