Licences and permissions Licensing Act 2003 Model Conditions

Introduction

How to use this document

Our updated model conditions are all set out in the pages of this document as a template for you or your representative to copy for your own application. We have given instructions for you to add details for certain elements, according to your specific licence application. Where bespoke detail is needed, we have used a bracket and the word "Insert:" for example [Insert: the total number of staff.]

What we mean by Conditions

The conditions on a premises licence or club premises certificate set the parameters within which premises can lawfully operate. Conditions are attached to licences and certificates in three ways:

  1. Mandatory conditions, as set out in the Licensing Act 2003, which must be included on all licences and certificates.
  2. Applications for new premises licences or club premises certificates, as well as variations, must include a completed operating schedule that is translated into conditions on any licence or certificate granted.
  3. Once the application is made, where relevant representations have been made by the Responsible Authorities (such as the police, Environmental Health and Trading Standards, or other parties such as local residents), the licensing authority may impose such conditions it considers appropriate for the promotion of the licensing objectives.

These model conditions were approved by the Council’s Licensing Committee on 19 July 2021 and are intended to provide a consistent approach for all parties by specifying appropriate conditions that could be included on any licence or certificate granted; this could be by the applicant in designing the operating schedule, by other parties in seeking to address concerns associated with the application, or ultimately, by the licensing authority when imposing conditions considered appropriate for the promotion of the licensing objectives.

The model conditions should not be regarded as standard conditions that apply in all cases. They should be tailored as appropriate to the size, type, location and characteristics of – and activities taking place at – the premises concerned. Where a condition includes any [Insert: bracketed content] these variable details should be completed accordingly.

Conditions are not limited to only addressing the issues they are titled under and it is recognised that some conditions may be relevant to other matters. The conditions are not intended to be, nor can they be, an exhaustive list, and they do not restrict the ability of any party to propose, or the Committee to impose, any reasonable or proportionate condition they consider appropriate for the promotion of the licensing objectives.

As part of this review of the model conditions, we have introduced new counter terrorism related conditions, inspired by the Martyn’s Law campaign. We strongly encourage licensees to voluntarily adopt these conditions in their proposed operating schedules when applying for a new licence or variation.

As a council, we have committed to supporting Martyn’s Law to ensure that counter terrorism security measures are in effect at licensed premises as part of the their efforts to promote the licensing objectives. In all cases, it would be a matter for the licensing authority to determine whether imposing them was proportionate, unless they have been volunteered by the licensee. 

The Government has consulted on a Protect Duty, inspired by Martyn’s Law, which will potentially become legislation and introduce counter terrorism requirements on businesses. In the meantime, is our intention to continue with bringing the principles of Martyn’s Law into effect at licensed premises and should the Protect Duty become legislation causing Martyn’s Law conditions on licences become invalid, the minor variation process could be used to address any duplication or redundancy. See the guide within this document for further information on carrying out security assessments.

For any comments in relation to the use of these model conditions, please contact the Licensing Unit at premises.licensing@manchester.gov.uk
 

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