New national framework urges licensing authorities to consider need to promote growth

The framework, named the National Licensing Policy Framework (NLPF), is designed to provide a "high-level strategic steer" for how the current licensing system should operate, "both in safeguarding communities and enabling responsible hospitality and leisure businesses to succeed".

It aims to align licensing practices with national priorities, including economic growth, cultural development, jobs, regeneration, public safety and community wellbeing.

It is also intended to guide local statements of licensing policy and related strategies with wider government priorities for the economy and for society.

The NLPF document says: "We have heard from hospitality businesses that disproportionate licensing conditions can stifle their growth and reduce options for consumers. We are therefore asking licensing authorities to explicitly consider the need to promote growth and deliver economic benefits in their decisions and setting this out in the first National Licensing Policy Framework."

The Government plans to monitor the NLPF's impact and consider whether other steps, such as making growth of the hospitality sector a statutory licensing objective, may be needed.

The framework is non-statutory guidance designed to support consistent, lawful and proportionate licensing.

Licensing authorities must have regard to the Secretary of State's Guidance under section 182 of the Licensing Act 2003 and to their Statements of Licensing Policy.

The document says: "The framework does not displace those duties, create new legal obligations, or restrict authorities' discretion to determine each application on its merits."

However, authorities should take the framework into account as guidance, it adds.

It says: "At the next review, authorities should explain in their statement of licensing policy how they have had regard to it. Where any inconsistency arises between this Framework and the 2003 Act or section 182 Guidance, the latter prevails. Decisions must be necessary and proportionate, non-discriminatory and consistent with the Regulators' Code."

The framework will be reviewed six months after publication to assess early impact, and whether further clarification is needed, the Government said.

Felix Faulkner, Associate Solicitor at Poppleston Allen, said the framework "represents a notable rebalancing of licensing policy — moving away from an approach focused solely on risk mitigation towards one designed to enable innovation and investment across the sector".

He added: "Although non-statutory, the framework is intended to influence local licensing policy. Licensing authorities are encouraged to 'have regard' to its principles and reflect them in their Statements of Licensing Policy at their next review and the Government have explicitly outlined that they are asking licensing authorities to consider the need to promote growth and deliver economic benefit in their decisions when making their decisions."

Adam Carey