When deciding to grant or vary a premises licence under the Licensing Act 2003, the licensing authority may do so subject to conditions which it considers are appropriate for the promotion of the licensing objectives.
In carrying out its licensing functions the council must have regard to guidance issued under the act by the Secretary of State. Revised guidance states that conditions on a premises licence or club premises certificate are important in setting the parameters within which premises can lawfully operate. Licensing authorities should be satisfied that it is appropriate to impose conditions to promote one or more of the four licensing objectives. Conditions should be tailored to the particular circumstances of an individual licensed premises and determined on a case-by-case basis. Standardised conditions which ignore these individual aspects should be avoided. Under no circumstances should licensing authorities regard the pools of conditions as standard conditions to be automatically imposed in all cases. Guidance also urges partnership working to promote the licensing objectives.
Conditions which are appropriate to promote the licensing objectives should emerge initially from the prospective licence holders risk assessment and then be translated to form part of the operating schedule for the premises. The basket of model conditions has been produced to assist prospective licence holders where they consider that they would promote the licensing objectives in the circumstances of their application.
Once an application has been made, the police, Environmental Health service, other responsible authorities, and other persons are encouraged to engage with the applicant if they are considering making a representation to the application. The basket of model conditions has been produced to assist all parties and promote a consistent approach when proposing conditions on a premises licence.
The basket of model conditions is not an exclusive or exhaustive list of conditions which may be included on a premises licence. It does not restrict any applicant, responsible authority, or other person from proposing any alternative conditions, nor would it restrict a licensing sub-committee from imposing any reasonable condition on a licence it considers appropriate for the promotion of the licensing objectives.
Model conditions are listed numerically and indexed by subject. A list of current Mandatory conditions is also included for information
Please send any comment on the model conditions to Chris Wroe at firstname.lastname@example.org.