Licensed Premises
Law, Practice and Policy

Licensed Premises: Law, Practice and Policy, Second Edition is a highly practical guide to the licensed industry. It clearly explains, through the use of case studies, practical tools and strategic policy advice, how the licensing regime, allied to other statutory and voluntary schemes, can be used to develop a more sustainable, diverse leisure economy.

Untangling the web of licensing law: The second edition is supported by copious charts and tables to simplify explanations and argues for a strategic approach to licensing, explaining how it is part of a much larger web of control of the night time economy.

Each interlocking contribution is written by an expert in their field. These include those in the areas of planning, noise, policing, door supervision, health and safety and local government strategies – all to ensure that every reader can gain an understanding of how the whole system works, as well as each individual part.

Fully updated to include Hemming, Levy and EMROs: Timed to coincide with the fees, regime, the outcome of the crucial Hemming case as well as Levy and EMROs, this edition addresses such questions as 'Are enforcement costs recoverable from licensees?', 'What are the effects of the Services Directive on licensing?' and “May objections be made to EMROs on socio-economic grounds?” It also includes coverage of: Police Reform and Social Responsibility Act 2011; Localism Act 2011 and Policing and Crime Act 2009.

The second edition also contains and covers:
Strategic and policy advice for those working in the licensing field;
The role of policy in creating vibrant economies and the role of evidence, proximity and opening hours;
Standards of excellence for licensing authorities, officers, councilors, lawyers, and in licensing hearings;
Public sector duties of licensing authorities, including the Crime and Disorder Act 1998, the Equality Act, human rights, the Provision of Services Regulations, the Legislative and Regulatory Reform Act 2006 and RIPA;
Statutory remedies in the night time economy, including controlled drinking zones, dispersal orders, directions to leave, EMROs, area closure orders, reviews, premises closures, drink banning orders, confiscation powers and alcohol arrest referral schemes;
Practical sections and appendices.

Licensed Premises: Law, Practice and Policy, Second Edition is supplemented by a series of appendices encompassing helpful advice from government, trade associations and other bodies as well as a summary of the key case law in the field.

PART A - FOUNDATIONS

1 Challenges
2 Unifying philosophy
3 A strategic approach to the night time economy
4 Policy as the hub
5 Evidence and inference in licensing

PART B - THE LICENSING ACT 2003

Part B1 - The Licensing Act 2003: Concepts
6 The Licensing Act 2003 framework
7 The licensing authority
8 Licensable activities
9 The general duties of licensing authorities
10 Licensing policy
11 Licensing policy consultation
12 The appropriateness test
13 Licensing and proximity
14 Opening hours under the Licensing Act 2003

Part B2 - Licensing Act 2003: Regime
15 The premises licence
16 Clubs
17 Conditions
18 Personal licences
19 Temporary events

Part B3 Challenging licensing decisions
20 Challenging licensing decisions

Part B4 Licensing Act 2003: Standards of excellence for licensing authorities
21 Best practice in licensing hearings
22 Licensing officers
23 Councillors
24 Legal advisors

PART C - PUBLIC SECTOR DUTIES OF LICENSING AUTHORITIES

25 The Crime and Disorder Act 1998
26 The Equality Act 2010
27 Human rights
28 The Provision of Services Regulations 2009
29 The Legislative and Regulatory Reform Act 2006
30 RIPA

PART D - PARALLEL CONSENT SCHEMES

31 Planning and other strategies
32 Gambling
33 Sex licensing
34 Tables and chairs
35 Door supervision

PART E - STATUTORY REMEDIES IN THE NIGHTTIME ECONOMY

36 Introduction

Part E1 Places
37 Designated public places orders
38 Dispersal orders
39 Direction to leave
40 Early morning restriction orders
41 Area closure orders

Part E2 Premises
42 Review
43 Licensing Act closures
44 Closure notices
45 Persistent sale closure notices
46 ASBO Act closures
47 Other statutory remedies

Part E3 People
48 Drink banning orders
49 Confiscation of alcohol
50 Alcohol arrest referral schemes
Part E4 Prosecution
51 Prosecution

PART F GOOD PRACTICE IN THE NIGHT TIME ECONOMY

52 Introduction
53 Purple Flag – better town centres at night
54 PubWatch
55 Best Bar None
56 Business Improvement Districts
57 Community Alcohol Partnerships
58 Regulatory partnerships
59 Design of the night time economy

PART G FINANCING THE MANAGEMENT OF THE NIGHT TIME ECONOMY

60 Introduction
61 The fees regime
62 Late night levy
63 Community Infrastructure Levy
64 Planning obligations

PART H ALCOHOL AND POLITICS

65 Alcohol politics: assessing the consequences of the Licensing Act 2003
66 Alcohol control and the public interest: international perspectives