Licensing Act 2003 Licensing Policy
11. Conditions
11.1Conditions (except than the statutory mandatory conditions or those drawn from the applicants operating schedule) may only be attached to a licence if relevant representations from responsible authorities or other persons are received.
11.2Where relevant representations have been made, conditions attached to licences or certificates will be tailored to the individual style and characteristics of the particular premises and events concerned.
11.3If its discretion has been engaged and where considered appropriate for the promotion of the Licensing Objectives, the Licensing Authority may consider attaching Conditions drawn from the relevant Model Pools of Conditions and from any published Local Pool of Conditions (see Appendix 4 - operating schedules and pools of conditions).
11.4The Act has been amended to allow certain community premises to apply for the removal of the mandatory conditions relating to the requirement for a DPS and personal licence holder. The licensing authority would expect a premises wishing to apply under this provision, to have in place:
- a clear constitution or other management documents to confirm that the management board or committee is properly constituted and accountable
- effective hiring agreements to ensure that where premises are hired, hirers are made aware of their responsibilities under the Act in relation to the sale of alcohol
If these key issues are addressed in the operating schedule, it is less likely to attract representations from responsible authorities. It is also expected that any changes to key officers are notified to the licensing authority.