Licensing Act 2003

Licensing Act 2003

2003 CHAPTER 17

COMMENTARY ON SECTIONS

PART 2: Licensing authorities.

Section 4 - General duties of licensing authorities

35. This section sets out the licensing objectives that must be promoted by the licensing authority in carrying out its duties. These are: -

• the prevention of crime and disorder;

• public safety;

• the prevention of public nuisance;

• the protection of children from harm.

36. The four licensing objectives aim to ensure that the carrying on of licensable activities on or from premises is done in the public interest. The third licensing objective, the prevention of public nuisance, will not extend to every activity which annoys another person but will cover behaviour which, when balanced against the public interest, is found to be unacceptable. The fourth licensing objective relates to harm to children beyond matters relating to physical safety.

37. Subsection (3) provides that when discharging its functions, the licensing authority must have regard to its policy framework document under section 5 and to any guidance issued by the Secretary of State (section 182).