Toggle menu

The Licensing Act 2003 Statement Of Licensing Policy January 2021

Introduction

The Licensing Act 2003 requires a licensing authority to publish a statement of licensing policy every five years, setting out how they intend to exercise their functions. The policy sets out a general approach to making licensing decisions under the Act. Each application will be considered on its own merits. The discretion of the licensing authority in relation to applications is only used if relevant representations are made.

During the five year period, the policy will be kept under review and revisions may be made to it when it is considered appropriate to do so.

In preparing this statement the Council has consulted with and considered the views of a wide range of people and organisations, including:

  • Cleveland Police Force.
  • Cleveland Fire Brigade.
  • The Council's Director of Public Health.
  • Existing premise licence holders.
  • Existing club premise certificate holders.
  • Existing personal license holders.
  • Representatives of businesses and residents in the Council area.

This Statement of Policy does not seek to undermine the right of any individual to apply under the terms of the Act for a variety of permissions and to have such an application considered on its individual merits. It also does not seek to override the right of any person to make representations on an application or seek a review of a licence or certificate where provision has been made for them to do so in the Act.

When considering applications, variations and reviews the Licensing Committee will have due regard to this policy and any guidance issued by the Secretary of State under Section 182 of the Act. That does not mean that the Council will have to follow the policy and guidance at all times. The Council can depart from them if, having properly taken them into account, there is a good reason to do so in order to promote one or more of the licensing objectives.