This foreword does not form part of the policy and is for information purposes only
Welcome to our policy statement for 2016-2021.
Section 5 of the Licensing Act 2003 (thereafter referred to as "the Act") requires a licensing authority to prepare and publish a statement of its licensing policy every five years. Such a policy must be published before the authority carries out any function in respect of individual applications made under the terms of the Act. The licensing authority will keep the policy statement under constant review and make such revisions to it, as it considers appropriate. Where revisions are made, the licensing authority shall publish a statement of revisions or a revised licensing policy statement.
The revised policy is published following a public consultation during the latter half of 2015 and adoption by full council on the 16 December 2015. It is effective from the 7 January 2016 for the following five years.
Since the introduction of the Act, licensing authorities have gained extensive experience in the administration and enforcement of the legislation. We understand that the term 'licensed premises' can be applied to numerous types of operation from a nightclub to a traditional pub or a community run village shop and that our policy should provide valuable guidance and information to address the differing character and needs of each premises. This policy is also intended to provide advice and guidance to anyone that may be involved in the licensing application process from applicants to responsible authorities and members of the public who wish to make a representation about an application.
The entertainment industry within the district is a major contributor to the economy of East Devon. It attracts tourists and visitors, makes for vibrant towns and communities and is a major employer. We understand however our duty to ensure that the needs of residents are considered and anticipate that this policy will help to balance the sometimes conflicting needs of licensees and residents.
The aim of the policy is to secure the safety and amenity of residential communities whilst facilitating a sustainable entertainment and cultural industry. East Devon District Council, in adopting this licensing policy, recognises both the needs of residents for a safe and healthy environment in which to live and work and the importance of well run entertainment premises to the local economy and vibrancy of the district. To achieve this aim the council is committed to partnership working with police, fire service, and local businesses, licensing trade, residents and others, towards the promotion of the objectives as set out in this policy.
This policy provides information and guidance to licence applicants, interested parties and responsible authorities on the general approach that we will take in terms of licensing. Each application will be considered individually and the licensing authority will use the policy to ensure that considerations other than fitness of the applicant and suitability of the premises are considered when reaching a decision. We will apply this policy consistently and fairly so that the licensing objectives as set out in the legislation are promoted.
In the preparation and publication of this policy East Devon District Council as the licensing authority has had regard to the guidance issued by the Home Office under Section 182 of the Licensing Act 2003.
Nothing in this policy document should be regarded or interpreted as an indication that any requirement of licensing or other law may be overridden.
A copy of the policy together with other licensing related information may be viewed on the licensing pages of the council website at eastdevon.gov.uk/licensing. Alternatively advice and copies of the policy is available by contacting the licensing team via email to firstname.lastname@example.org on by telephone to 01395 517410/517411.
Should you have any questions or queries about this document you may write to the licensing service at:
East Devon Licensing Authority
Or contact us by:
Phone: 01404 515616