The Mudcat Café TM
Thread #126147   Message #3009339
Posted By: GUEST,The Shambles
17-Oct-10 - 03:53 PM
Thread Name: Licensing consultation announced!
Subject: RE: Licensing consultation announced!
A licensing authority must carry out its functions under this Act ("licensing functions") with a view to promoting the licensing objectives AND must also have regard to—
(a)its licensing statement published under section 5, and

(b)any guidance issued by the Secretary of State under section 182.


When a council chooses to use different word in its SOLP to those in the S182 Guidance how can it 'have regard' to them both? Especially when they seem to see this as secondary to promoting the licensing objectives.....

The words of the Act:
4General duties of licensing authorities E+W

(1)A licensing authority must carry out its functions under this Act ("licensing functions") with a view to promoting the licensing objectives.

(2)The licensing objectives are—

(a)the prevention of crime and disorder;

(b)public safety;

(c)the prevention of public nuisance; and

(d)the protection of children from harm.

(3)In carrying out its licensing functions, a licensing authority must also have regard to—

(a)its licensing statement published under section 5, and

(b)any guidance issued by the Secretary of State under section 182.