Annex 3 - Other policies, legislation and guidance
Other policies, legislation, and guidance sources
There are a number of other local and national policies, strategies, responsibilities, and guidance documents which should be taken into account in order to complement this authority’s licensing policy. In particular the policy should provide a clear indication of how the licensing authority will secure the proper integration of the licensing policy and other local policies such as the local crime prevention, planning, transport, tourism, cultural strategies and the local alcohol policy.
1. Legislation
View these and other relevant pieces of legislation on the ospi gov uk website.
- Policing and Crime Act 2009
- Crime and Disorder Act 1998
- Crime and Security Act 2010
- Human Rights Act 1998
- Criminal Justice and Police Act 2001
- Private Security Industry Act 2001
- Equalities Act 2010
- Anti-Social Behaviour Crime and Policing Act 2014
- Violent Crime Reduction Act 2006
- The Health Act 2006
- The Clean Neighbourhoods and Environment Act 2005
- Live Music Act 2012
- Gambling Act 2005
- Business and Planning Act 2020
2. Strategies and Policies
- Alcohol Strategy
- Best Bar None
- British Beer and Pub Association Partnerships Initiative
- Community Alcohol Strategy
- Community Safety Strategy
- Compliance Code
- Crime and Disorder Reduction Strategy
- Council’s Enforcement Policy
- Cultural and Tourism Strategies including promotion of live music and community events
- Home Office: Selling Alcohol Responsibly: Good Practice Examples from the Alcohol Retail and Hospitality Industries
- Local Development Framework
- Local Transport Plan
- National and local PubWatch schemes
- Portman Group Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks.
- Purple Flag (ATCM)
- Safer Socialising
- The Final Push – A Tobacco Control Strategy for a smokefree society in Oxfordshire 2020- 2025
3. Guidance Documents
- Home Office 'Practical Guide for Preventing and Dealing with Alcohol Related Problems
- Home Office Safer Clubbing Guide
- Home Office Designated Public Place Order (DPPO) Guidance
- Home Office s182 Guidance
- LACORS/TSI Code of Practice on Test Purchasing
- The Event Safety Guide
- Licensing large scale events (music festivals etc)
- Managing Crowds Safely
- 5 Steps to Risk Assessment
- The Guide to Safety at Sports Grounds
- Safety Guidance for Street Arts, Carnivals, Processions and Large-scale Performances
- UK BIDS: Business Improvement Districts (national BIDS advisory service)
- BIS Code of Practice on Consultation
4. Relevant case law regarding policy statements
- Limits of licensing policy:
BBPA & Others v Canterbury City Council [2005] EWHC 1318 (Admin)
- “Strict” licensing policies and exceptions to policy:
R (Westminster City Council) v Middlesex Crown Court and Chorion plc [2002] LLR 538
- Cumulative impact policies and hours
R (JD Wetherspoon plc) v Guildford Borough Council [2006] EWHC 815 (Admin)
- Duplication and conditions:
R (on the application of Bristol Council) v Bristol Magistrates’ Court [2009] EWHC 625 (Admin)
- Extra-statutory notification by the licensing authority:
R (on the application of Albert Court Residents Association and others) v Westminster City Council [2010] EWHC 393 (Admin) - The prevention of crime and disorder: ambit of the objective
Blackpool Council, R (on the application of) v Howitt [2008)
- Crime and disorder: sanctions on review: deterrence
Bassetlaw District Council, R (on the application of) v Workshop Magistrates Court [2008]
Note: This list is not exhaustive.