The Licensing Act affects anyone operating premises or organising events involving the sale or supply of alcohol, the provision of regulated entertainment and the provision of late night refreshment after 23.00 hours. It promotes the four licensing objectives, namely the Prevention of Crime and Disorder, Public Safety, the Prevention of Public Nuisance and the Protection of Children from Harm.
The Act requires the Council, as Licensing Authority, to publish a Statement of Licensing Policy showing how we administer our duties under the act. The Statement is kept under review and remains in existence for up to five years.
The Council's current Statement of Licencing Policy was updated on 10 February 2015, document can be found here.
Section 182 Guidance
The Secretary of State must issue guidance to licensing authorities on the discharge of their functions under the Licensing Act 2003.
Please follow the link to the current Section 182 Guidance which was issued in March 2015.
Amber Valley Borough Council is committed to the Enforcement Concordat confirming its commitment to the principles of good enforcement. The Council is a public authority for the purposes of the Human Rights Act 1998. Enforcement staff apply the principles of the European Convention of Human Rights in accordance with the Act.
The purpose of the enforcement policy is to ensure that enforcement decisions are always consistent, balanced, fair, transparent, proportional and relate to common standards to ensure the public is adequately protected.
Each case is unique and must be considered on its own merits. There are however general principles that apply in the way each situation must be approached. This policy sets out the factors to be taken into account when considering the type of enforcement action to be taken. The policy must be followed except in exceptional circumstances
Officers will be authorised by the Council to take action on behalf of the Council, and are required to follow the policy outlined below.
The possible outcomes of an inspection or investigation carried out to fulfil statutory undertakings are:
a) issue a fixed penalty notice
c) use formal caution
d) refusal/revocation of licence/approval/authorisation
e) seek injunction
f) take informal action
g) take no action
It may be that one are more of these outcomes are appropriate in any given case.