Statement of Licensing Policy - Licensing Act 2003 - 7 January 2026 to 6 January 2031

6.1 Each application will be determined on its merits having regard to this Policy, Guidance under Section 182 of the Act, the Act itself and supporting Regulations.

6.2 The Licensing Authority considers:

• the effective and responsible management of premises
• instruction, training and supervision of staff
  
  and
• the adoption of best practice

to be amongst the most important control measures for the achievement of all the licensing objectives. For this reason, the Licensing Authority will expect these elements to be specifically considered and addressed within an applicant's operating schedule.

6.3 Applicants who do not clearly demonstrate how they intend to address these issues in their operating schedules should expect their applications to be objected to, including by the Licensing Authority.

6.4 Also, licensees whose practice does not meet this expectation may have their licence reviewed and, as above, this may be triggered by the Licensing Authority itself.

6.5 Gateshead Licensing Authority will consider each application on a case-by-case basis and will specifically evaluate licence conditions proposed by applicants.

6.6 A new licence application will be required if changes are proposed which substantially vary the premises to which the licence relates.

Scope of the policy

6.7 This policy applies to the licensable activities set out in the Licensing Act 2003 namely:

• the sale by retail of alcohol
• the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
• the provision of regulated entertainment
  
  and
• the provision of late-night refreshment

6.8 The Act provides for four types of authorisation or permission as follows:

• Premises Licence - to use premises for licensable activities
• Club premises certificate - to allow a qualifying club to engage in qualifying club activities as set out in Section 1 of the Act
• Temporary event notice - to carry out licensable activities at a temporary event
• Personal licence - to sell or authorise the sale of alcohol from premises in respect of which there is a premises licence

6.9 Detailed guidance on making applications and making representations. Applicants are strongly encouraged to refer to the Licensing Act 2003, this Statement of Licensing Policy and the Statutory Section 182 Guidance prior to submitting an application along with the relevant policies and strategies referred to in this document.

The application process

6.10 Applying for a licence or other permission under the Licensing Act 2003 generally involves three stages:

1. Applying - completion of an application form by an applicant or the applicant's representative
2. Processing - receipt and handling of the application by the council's licensing team
3. Determining - deciding on the outcome of the application by members of the licensing sub-committee

Applying

6.11 All applications made under the Act must be made on statutory forms, either online or by post, and must be complete, containing as much detail as possible demonstrating how the applicant will promote the licensing objectives.

6.12 Applications for new premises licences, club premises certificates and variations of the same are required to be supported by a robust operating schedule which clearly outlines the days and times the applicant intends to carry out licensable activities.

6.13 The applicant must also specify on the operating schedule the steps which they propose to take in order to promote each of the licensing objectives set out in Section 7.

Processing

6.14 The licensing authority will check that the application is compliant with the policy and ensure that the responsible authorities are consulted and notices of the application are posted so that all interested parties can respond.

Determining

6.15 If no representations are received in relation to the application within the relevant time period for consultation, the steps in the operating schedule will become enforceable licence conditions and the licence will be issued.

6.16 If relevant representations are received within the relevant consultation period, in most cases a hearing before the licensing sub-committee will be held. In the case of a minor variation application there is no right to a hearing and the licensing authority will take any relevant representations into account in arriving at a decision.

6.17 The sub-committee must, having regard to the representations, take steps as it considers appropriate to promote the licensing objectives. These may include refusing the application, accepting the application in its current form without any changes, or adding or modifying the conditions proposed in the operating schedule.