APLH Licensing Objectives 2 — Questions and Answers
Question 1: What is the purpose of an 'operating schedule' in a premises licence application?
- To set out the financial projections for the business
- To describe how the applicant will promote each of the four licensing objectives in their specific premises and context (Correct answer)
- To list the names of all staff who will work at the premises
- To detail the menu and entertainment programme only
Correct answer: To describe how the applicant will promote each of the four licensing objectives in their specific premises and context
The operating schedule is the applicant's statement of how they will ensure the licensing objectives are promoted — conditions on the licence are often drawn from it.
Question 2: What happens if a licensing authority grants a premises licence with no representations from responsible authorities or interested parties?
- The licence must still be considered at a full hearing
- The licensing authority must grant the licence in the terms set out in the operating schedule, and may only add conditions that are consistent with the operating schedule (Correct answer)
- The licensing authority may refuse the application without explanation
- The licence is granted subject to a 3-month probationary period
Correct answer: The licensing authority must grant the licence in the terms set out in the operating schedule, and may only add conditions that are consistent with the operating schedule
If there are no representations, the authority must grant the licence and may only attach conditions that are consistent with the operating schedule — it cannot impose additional conditions unilaterally when there are no objections.
Question 3: Under the Licensing Act 2003, which type of condition on a premises licence cannot be imposed?
- Conditions requiring CCTV systems
- Conditions that are inconsistent with the operating schedule, disproportionate, or that impose requirements already imposed by other legislation (Correct answer)
- Conditions relating to staff training
- Conditions relating to admission policies
Correct answer: Conditions that are inconsistent with the operating schedule, disproportionate, or that impose requirements already imposed by other legislation
Conditions must be appropriate and proportionate for the promotion of the licensing objectives — they cannot duplicate requirements already in other legislation and must be consistent with the operating schedule.
Question 4: A premises repeatedly linked to drug use inside the venue most directly engages which licensing objective?
- Prevention of public nuisance
- Prevention of crime and disorder (possession and supply of controlled drugs are criminal offences) (Correct answer)
- Public safety
- Protection of children from harm
Correct answer: Prevention of crime and disorder (possession and supply of controlled drugs are criminal offences)
Drug possession and supply are criminal offences — a venue where this occurs persistently directly undermines the prevention of crime and disorder objective, and the licence can be reviewed on this basis.
Question 5: What is 'cumulative impact' in licensing policy?
- The combined impact of all alcohol units consumed per week by a regular customer
- The cumulative effect of a high concentration of licensed premises in an area creating serious problems of crime, disorder, or nuisance beyond what individual premises assessments would reveal (Correct answer)
- The financial impact of multiple licence applications on the licensing authority's resources
- The environmental impact of waste produced by licensed venues
Correct answer: The cumulative effect of a high concentration of licensed premises in an area creating serious problems of crime, disorder, or nuisance beyond what individual premises assessments would reveal
Cumulative impact policies recognise that even well-run individual premises can, in combination, create problems — a Special Policy (formerly Cumulative Impact Policy) allows the authority to apply a rebuttable presumption against new licences in a hotspot area.
Question 6: In what way can the public (interested parties) engage with the licensing process under the Licensing Act 2003?
- The public have no role in the licensing process
- Interested parties (those living or carrying on business in the vicinity of the premises) may make representations about applications and apply for a review of an existing licence (Correct answer)
- The public can only attend licensing hearings as observers
- The public can only comment on applications made after midnight
Correct answer: Interested parties (those living or carrying on business in the vicinity of the premises) may make representations about applications and apply for a review of an existing licence
Interested parties (nearby residents and businesses) may make relevant representations about new applications, variations, and reviews — representations must be relevant to the licensing objectives to be considered.
APLH Licensing Objectives 2
What is the purpose of an 'operating schedule' in a premises licence application?