The Mudcat Café TM
Thread #126147   Message #2874523
Posted By: GUEST,The Shambles
29-Mar-10 - 06:47 AM
Thread Name: Licensing consultation announced!
Subject: RE: Licensing consultation announced!
http://cmis.milton-keynes.gov.uk/CmisWebPublic/Binary.ashx?Document=14268

I didn't seem to be able to link to the recently updated LACORS document itself - the above link refers to a local Milton Keynes version but the words are the same.

8. Decision making
Reasons for decisions made must be clearly documented so that any subsequent accusations of bias etc. can be defended. It is critical that it is clear that decisions are made according to the Licensing Objectives of the Licensing Act 2003 as well as the Licensing Authority's Licensing Policy Statement. Whilst the Government's Guidance accompanying the Licensing Act 2003 indicates some other factors which may influence decisions (e.g. live music / cultural considerations) these will always be subservient to the Licensing Objectives and the Licensing Policy Statement. LACORS "Committee Guidance" will be available shortly.


It is deeply disturbing that those employed to local enforce this type of legislation seem to follow and incorporate into their documents - such advice as this from LACORS - rather than follow the law.......

No wonder then that any input on cultural concerns, even from those employed in the same local authority to enforce this, will be ignored and considered subservient to the Licensing Objectives. This would also seem to apply to Human Rights factors, even when their own policy statement makes specific reference to these. This from my SOLP.

4.1.4 The Council acknowledges the right to freedom of expression under Article 10 of the European Convention of Human Rights.

As LACORS advise that any decision must be based on both the Licensing Objectives and the Licensing Authority's Licensing Policy Statement - we have a problem.................