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Government issues revised Guidance to the Licensing Act 2003

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New paragraphs include Agent of Change Principle for music venues

Published: 20 December 2022 by Andy Grimsey, Senior Consultant Solicitor

“The Government has today issued revised Guidance to the Licensing Act 2003 and associated legislation.

There is a new section on closure notices, updated guidance on the temporary additional limits for Temporary Events in 2022 and 2023, and a small but important amendment to persons operating an alcohol delivery service that they should rather than may (previously) consider contacting their licensing authority.

One of the changes is a reference to the “Agent of Change” principle that someone responsible for a change in a vicinity, for example a developer, is also responsible for the impact of that change. This principle, which exists to a degree in planning policy already, is relevant to existing pubs, bars and other venues that host and play music but find themselves subject to complaints by residents who have moved in to residential developments that were built since the licensed premises was established.

However, the wording of the reference to Agent of Change in the Licensing Guidance and its positioning under the section entitled Planning and Building Control suggests on first reading that its inclusion is more of a restatement and recognition of planning policy than establishing a new principle in licensing.

More to follow when we have fully reviewed this 179 page document.”

For any further information or queries, please feel free to contact any of PA’s licensing solicitors.

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