Home Office issues guidance for health bodies on Licensing Act functions

The Home Office has published additional guidance for health bodies on exercising functions under the Licensing Act 2003.

Health bodies – Directors of Public Health in England and Local Health Boards in Wales – have been able to act as responsible authorities under the Act. As such, they must be fully notified of licence applications.

In their role as a responsible authority health bodies are entitled to:

• Make relevant representations to the licensing authority relating to new licence applications and major licence variations;
• Request that the licensing authority review an existing licence;
• Make representations to the licensing authority regarding the potential cumulative impact of an application in an area where there is a special policy in place regarding cumulative impact.

Representations must be considered relevant by the licensing authority including that they relate to one or more of the licensing objectives.

The additional guidance covers:

• Familiarisation with the process;
• Establishing links with the local licensing authority;
• Fundamental principles of the Licensing Act 2003. Key messages include: Being a responsible authority is an opportunity rather than an obligation; For a health body to make a relevant representation, the representation must be linked to one or more of the licensing objectives;
• Local statements of licensing policy;
• Data sharing and ensuring representations are evidence-based;
• Further information.

The Home Office’s guidance can be viewed here.