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Home Office issue revised s.182 guidance under the Licensing Act 2003 Published Date: 20/12/2022

The Home Office has today (20 December 2022) issued revised s.182 guidance under the Licensing Act 2003.

Changes from the previous (April 2018) version include:

1. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards

2. Lessening the burden on persons operating an alcohol delivery service to suggest they "may consider contacting their licensing authority" (previously "should") under paragraph 3.10

3. New section on "Closure Notices" at paragraph 4.83

4. Clarifying that Home Office Immigration Enforcement is not responsible for Clubs (para 6.11)

5. Updates to TENs statutory limits (para 7.15)

6. Clarifying that there is no right of appeal in respect of late TENs following objection by the police or EHOs (para 7.34)

7. Clarifying that full variations should not be used to "vary substantially the premises to which the licence relates" at paragraph 8.76

8. Paragraph 10.5 added clarification that operating schedules should be converted to conditions which must be "appropriate and proportionate for the promotion of the licensing objectives."

9. Inclusion of the "Agent of Change" principle in 14.66

10. Removal of "Annex A – documents which demonstrate entitlement to work in the UK"

Section 4 of the Licensing Act 2003 provides that, in carrying out its functions, a licensing authority must ‘have regard to’ the s.182 guidance and it is therefore binding on all licensing authorities to that extent.