Licensing Policy Documents

Licensing Policy Documents

Licensing Policy Review

The Licensing Authority is currently undertaking its fifth review of its Statement of Licensing Policy, which was last published in July 2016. The main changes reflect the latest version of the Secretary of State’s Guidance document, updated links to various websites, and the removal of single words here and there and updated contact details.  The more significant changes can be found at:

Para 2.11                    -           new paragraph re Covid 19

Para 3.3                      -           update of licensed premises figures including closing hours

Para 3.5 – 3.6             -           reference to new noise and asb/crime maps

Para 3.8                      -           updated references to the Secretary of State’s Guidance

Para 4.4                      -           added emphasis on licensing/planning liaison

Para 8.6 – 8.7             -           updated information re car parking in the borough

Para 12.5                  -             new paragraph re off sales and the Business and Planning Act 2020

Para 18.3                    -           recommendation that Temporary Event Notices at Notting Hill Carnival are submitted 3  months before the event

Para 18.8                    -           Busking in the borough

Para 22.1 – 22.2         -           New paras re multi use plastic glasses

Para 24.10-                             Added in advice that Temporary Event Notice organisers at Notting Hill Carnival consider the use of Security Industry Authority licensed security

Appendices C and D -            New Noise complaints and Crime/ASB maps

Licensing Policy 2021 - 2026

We are keen to hear from residents, businesses, licensees and anyone else with an interest in the Royal Borough.

Please send comments on the draft policy to:

Sharon Dyball
Principal Licensing Business and Finance Officer
Council Offices
37 Pembroke Road
London W8 6PW

Or email us at: slpconsultation@rbkc.gov.uk

The closing date for comments is 25 September 2020.

 

Licensing Act 2003

The Licensing Act 2003 came into force on 24 November 2005 and transferred the responsibility for licensing premises and persons selling alcohol from the courts to local authorities.

A requirement of this new legislation is that all local authorities (or Licensing Authorities as they are known under the Act) must draft, consult on and publish a 'Statement of Licensing Policy'. The Statement of Licensing Policy must have regard to the content of a set of Guidance notes published by the Secretary of State.

The Act requires each Authority to review its Statement of Licensing Policy whenever necessary and, in any case, every five years. At the end of 2015 the Licensing Authority completed the fourth review of its Statement of Licensing Policy, which was adopted and came into effect on 11 January 2016. It sets out how we plan to deal with applications made under the Act and balance people's desire for entertainment with residents' right to a peaceful nights sleep.

As a result of concerns raised regarding the safety and overcrowding in certain sections of the Notting Hill carnival 'footprint' the policy was revised in May 2018 following further consultation and a new section added dealing solely with Notting Hill Carnival with a view to reducing any risks to public safety within the Carnival. This revised Statement of Licensing Policy was adopted and came into effect on 23 May 2018.

For more information see the Foreword to the Licensing Policy by Councillor Tim Ahern, JP, Cabinet Member for Environment, Environmental Health and Leisure and the current Statement of Licensing Policy below:

Statement of Licensing Policy 2016-2021

The Licensing Act 2003 can be found on the National Archives Legislation website and the Secretary of State's Guidance can be found on the Home Office website.

in 2012 the Government has also published a National Alcohol Strategy which can be found on the Home Office website.

 

 

Gambling Act 2005

The Gambling Act 2005 came into force on 1 September 2007 and replaced most of the existing law about gambling in Great Britain. The Act put in place an improved, more comprehensive structure of gambling regulation. It modernised 40-year-old gambling laws, ready to face the challenges of today and the future, while including a number of important protections.

It established The Gambling Commission, a new, independent national regulator for commercial gambling in Great Britain who are also the issuing Authority for licences for operators of gambling businesses

The Gambling Act requires all Licensing Authorities to prepare, consult on and publish a Statement of Gambling Policy every three years, setting out how the Authority will manage the licensing of local gambling premises. The Council completed the fourth review of its Statement of Gambling Policy during 2018 and the latest version came into effect on 6 January 2019.

For more information please see the current Statement of Gambling Policy below.

Guidance issued to Local Authorities by the Gambling Commission can be found on the Gambling Commission website.

Statement of Gambling Policy 2019-2022

The Statement may also be inspected at:

  • Kensington Central Reference Library, Hornton Street, London W8 7RX
  • The Licensing Team, Council Offices, 37 Pembroke Road, London W8 6PW

If you have any enquiries regarding this Statement of Gambling Policy please contact the Licensing Team at: licensing@rbkc.gov.uk or by telephone on: 020 7341 5152

You can find a copy of the Gambling Act in full here

Enforcement Policy

The Licensing Team is part of the Environmental Health Service Group and is responsible for carrying out duties for various different licensing functions, including enforcement. When carrying out enforcement duties within the Borough licensing officers must have due regard to the Regulators’ Compliance Code, which places a number of obligations on local authorities when undertaking enforcement duties, among others, taking a consistent approach to enforcement and being proportionate in response to any licensing breaches. To achieve this the Council has adopted an enforcement policy which sets out the Environmental Health Service Group's general approach to enforcement.

Read the Environmental Health Service Group's Enforcement Policy