Institute of Licensing responds to government’s licensing framework review

The Institute of Licensing has published its formal response to the Government’s Call for Evidence on Reforming the Licensing Framework.

This Call for Evidence forms part of a wider “Red Tape Review” launched by the Home Office and Department for Business and Trade, aimed at simplifying alcohol, entertainment, and late-night refreshment licensing.

The review seeks to reduce unnecessary burdens while enhancing transparency, consistency, and responsiveness to modern challenges. Proposals under consideration include a National Licensing Policy Framework (NLPF), licensing condition amnesty, digital notice reforms, and greater flexibility for outdoor trading and events.

Key Themes from the Institute’s Response

National Licensing Policy Framework (NLPF)

The Institute supports the proposal for a National Licensing Policy Framework, with a role similar to that of the National Planning Policy Framework, recommending that the framework is developed and maintained with contributions from a cross section of interested parties, including the Institute of Licensing.

The proposal for an additional licensing objective of ‘promoting economic growth’ is supported in the spirit of rebalancing, but the Institute highlights the existing duty on local authorities to promote economic growth under Section 108 of the Deregulation Act 2015 along with the provisions within the Regulators Code and suggests that clear guidance on the balancing of the objectives would be beneficial.

Licensing Condition Amnesty

The Institute supports an amnesty to remove outdated or redundant conditions, provided clear guidance prevents misuse. Minor variations should not affect hours, capacity, or licensing objectives, and digital ID integration will require disapplication of conflicting legacy conditions.

Statutory Notice Requirements

Removing newspaper ad requirements would reduce costs and delays, with typical fees ranging from £200–£600. The Institute recommends using premises notices, council websites, and a national GOV.UK portal instead of shifting costs to online news platforms.

Outdoor Trading and Pavement Licences

Supports permanent pavement licences with annual fees and review powers, aligning with premises licences. Recommends treating alcohol in pavement areas as on-sales and introducing TEN-style flexibility for seasonal events, backed by national guidance to reduce inconsistency.

Temporary Event Notices (TENs)

The Institute backs reverting to Covid-era TEN limits (20 events/26 days) to support struggling businesses but notes risks of misuse and tight objection timelines. Suggests extending objection periods, allowing condition transfer with flexibility, and reviewing fees and modification powers to improve fairness and mediation.

Blanket Policies and Core Hours

Endorses regular review of blanket policies every three years, aligned with cumulative impact assessments. Recommends using police data, noise complaints, health indicators, and business metrics to assess policy impact.

Evidence and Data Protocol

Supports replacing the proximity test with an impact-based standard and strengthening evidentiary requirements for representations. Supports the re-introduction of a “necessary and proportionate” test for conditions and greater professional weight for licensing officers, with clearer role definitions and training standards.

Mediation and Informal Resolution

Encourages early mediation by licensing officers to resolve concerns and avoid hearings, with statutory guidance formalising this approach.

Festivals and Events

Supports perpetual licences for recurring events based on prior success, with guidance to clarify application and safeguards. Recommends reviewing insolvency clauses and fee multipliers to support investment and affordability.

Agent of Change Principle

The Institute supports giving greater weight to the Agent of Change principle to protect existing licensed premises from complaints triggered by new developments nearby.

Licensing Register and Data Transparency

A national licensing register is endorsed to improve transparency, consistency, and public access, ideally via a GOV.UK-linked portal with standardised formats and postcode alerts.

Licensing Fees and Cost Recovery

The Institute calls for a full review of licensing fees under the Licensing Act 2003, advocating for cost-reflective, flexible structures including event multipliers and annual fees.

Appeals and Hearings

Clearer guidance is needed on appeals and mediation, with support for dispensing with hearings where resolution is achieved and for improved training of councillors and officers.

Cross-Cutting Themes

Key priorities include planning–licensing alignment, digital modernisation (such as digital ID), mandatory training, proportionality, partnership working, and adequate resourcing of licensing functions.

The Institute will continue to engage with both the Home Office and Department for Business and Trade on licensing reform.