Public Health England (PHE) have released a new resource to support relevant bodies making representations within the licensing process; see here for A practical approach to making representations to a licensing authority.
Under the current licensing framework, responsible authorities (RAs) include stakeholders such as the police or public health who can comment on applications or apply for a review of a licence in certain circumstances. Members of the public with issues concerning licensed premises do so via their relevant local authority, or report criminal matters to the police.
Licences must comply with the four main objectives of the licensing act, thus RAs can submit evidence that may relate to crime, disorder or threats to public safety. However, unlike Scotland, protection of health is not an objective itself, though public health bodies may have relevant information to contribute. See section 182 of the Licensing Act 2003 guidance for further details.
What's happening at local level?
The resource states it aims to help RAs to firstly identify applications that may negatively impact promotion of the licensing objectives, and secondly to apply a stepped approach to making a representation. The guidance however nods to the complex and varied nature of local licensing processes, for example, stating that a decision to license a premises 'is a balancing exercise between equally valid but conflicting interests'.
Last year we published a guest post exploring the local variability in licensing practices. Based on two case studies, it highlighted the complexity of local policy and decision-making, and the significant variation in the role of alcohol licensing practices between the two areas. As such, different areas may take widely varied and shifting approaches to licensing as a tool for alcohol harm reduction, with the blog concluding that 'ideals of adopting evidence informed practice may be compromised in an environment where other approaches to rationalising policy can predominate'.
Reviews in decline: a complex picture?
A further question relates to the continued fall in licensing reviews against a back drop of small increases in total licensed premises. In 2017 we asked a number of experts to comment on the potential reasons, which ranged from the cuts facing local authorities charged with overseeing the process, to improved practice amongst businesses and changes in youth drinking cultures. Meanwhile, recent evidence has indicated that areas with tighter licensing policies are associated with lower levels of alcohol harms in England.
Many stakeholders however view the current system as not fit for purpose; notably a comprehensive review by the Institute of Alcohol Studies (IAS) in 2016 identified a range of issues, concluding that the interests of the licensed trade had benefited over those of local communities. A subsequent Lords Committee licensing review in 2017 called for a fundamental overhaul of the Act, describing its application as 'something of a lottery', with further calls for changes including a public health objective since made.
Any fundamental changes to the current system are likely to be some way off in the current political climate. Indeed, whilst availability and licensing is a key issue for many stakeholders, pricing is widely regarded as the primary goal for policy change, particularly with the emergence of evidence from Scotland's MUP policy over the coming years.
See here for all licensing tagged posts and here for updated section 182 guidance can be found here.
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