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Section 182 Guidance amendments published Published Date: 31/07/2023

Following on from the recommendations made in relation to the Manchester Arena Inquiry, the Home Office have made amendments to the section 182 Guidance which accompanies the Licensing Act 2003.

The additional material is to support licensing authorities and applicants when considering the provision of health care and counter terrorism measures at venues The changes to the guidance can be found in para 2.10.  (Also shown below).

The regulatory easements relating to alcohol licensing in the Business and Planning Act 2020 will lapse on 30 September 2023 (off sales licences) and 31 December (temporary event notices) and will not be extended. The decision to allow these temporary measures to lapse later this year follows a period of public consultation. The Home Office believes this approach strikes the right balance between supporting businesses whilst listening and responding to the concerns of those impacted by licensing laws. Therefore in addition to the Manchester Arena Inquiry update, they have also amended para 8.65 so that licensing authorities may wish to consider off sales as a minor variation if there are no adverse effects on the licensing objectives

The changes to the section 182 guidance will come into effect immediately Revised guidance issued under section 182 of Licensing Act 2003 - GOV.UK (www.gov.uk)

 

The amendments:

2.10 Counter terrorism and public safety

2.11 Licensing committees may wish to give due consideration to appropriate counterterrorism measures and advice when considering licence applications, for example at high profile or large premises or events or where there are factors which may increase attractiveness to attacks, and in particular when in receipt of relevant advice from police counter terrorist staff.

2.12 It is particularly relevant to consider conditions around health care provision in this regard. Any additional licensing conditions should be appropriate and proportionate to the venue as noted in para 1.16. We recommend that all licensing authorities pay particular attention to terrorist threats when making specific licence conditions in relation to security or health care provision at appropriate premises and events applying for a licence.

2.13 As noted in para 2.8 licensing authorities can recommend conditions where appropriate to do so, such as ensuring appropriate access for emergency services and vehicles such as ambulances; good communication with local authorities and emergency services, for example communications networks with the police and signing up for local incident alerts (see paragraph 2.4); and ensuring the presence of sufficient trained first aiders on the premises and appropriate first aid kits.

2.14 However, in some instances, licensing authorities may wish to tailor their approach, depending on the particular nature of the application, and go further when addressing concerns around possible terrorist or other such risks. We have provided an Annex to help inform and support licensing authorities in their decision making with regards to additional licence conditions for premises and events, that may benefit from further security planning and health care provision in the aftermath of a particular type of incident.