The government has unveiled what it claims is a “strategic vision for a modern, permissive licensing system” with the publication of its new National Licensing Policy Framework for the hospitality and leisure sectors.
Rebecca Stanton, Senior Associate in Thrings’ Planning and Environment team which regularly acts for clients in the food and drink and hospitality sectors with their premises licence legal matters, takes a look at what is in the new framework and what it means.
What are the existing regulations?
Aimed at safeguarding communities while enabling hospitality and leisure to thrive, the framework builds on the Licensing Act 2003 and existing guidance but provides strategic steer to licensing authorities to support business viability and adaptability to a changing market.
As the primary piece of legislation, premises license decisions are decided based on the four statutory objectives of the Licensing Act 2003 – public safety, the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.
Further this, the go-to guidance for licensing applications is the governments’ section 182 guidance, providing the wider context of the 2003 Act, including with explanation on how the objectives work.
Cumulative impact policies (also known as saturation zones, stress areas or special policies) are a further tool for licensing authorities to limit the growth of licensed premises in a problem area. There have been steps in recent years, however, to reduce licensing red tape in certain areas and encourage growth through the scrapping of cumulative impact areas.
Key reforms of the NLPF
Fundamentally, the NLPF is further guidance, similar to the NPPF for planning, and is intended to guide local licensing policy and related strategies in line with wider government economic and societal priorities.
Among the key features it is introducing are:
- Streamlining licensing processes by providing national consistency to reduce the patchwork of local rules and enabling faster decisions and fewer administrative barriers.
- Creating a licensing condition ‘amnesty’ with a one-off review of outdated or obsolete licence conditions to remove unnecessary constraints.
- Modernising notices and procedures by eliminating the obligation to advertise licensing notices in local newspapers.
- Enabling flexibility for events and venues by increasing temporary event notice entitlements and improving how outdoor spaces (like terraces and alfresco dining) can be licensed.
- Making hearings and appeals more proportionate and evidence-based.
- Introducing sunset clauses on blanket hours policies and establishing arbitration, evidence and data protocols to support consistent decisions.
These changes, as well as the others being introduced, are designed to encourage more deregulation and make it easier for authorities – with the proposals due for review in six months’ time.
Rebecca Stanton, Senior Associate in Thrings’ Planning and Environment team, said: “The government’s approach to promote growth with the release of this framework is a positive step, providing a strategic steer for all local authorities, and encouragement for proportionate, evidence-based decision making, but it is arguably not the only way this could be achieved – for example, pushing for an earlier reviews of cumulative impact zones.
“Although the guidance is billed as de-regulation to enable innovation and growth, the government have specified that in the pecking order of considerations when making licensing application decisions, the existing guidance and 2003 act will still take preference.
“We will be keeping an eye on how this guidance is utilised by local authorities and will certainly looking forward to what the outcome of the review in six months’ time will be.”
Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning and licensing policy legislation and has successfully supported commercial and residential applications through the approval and appeal processes. To find out more and for advice on your proposals, including applications and variations to license applications, please do get in touch.
