What is a licence? Interpretation of the FSO.

[kurnal]

Up until now I have assumed that all of those former pieces of primary legislation involving licences- eg sex establishments, animal establishments , wedding venues , caravan sites  etc that have been modified by the RR(FSO) 2005 are required to  record the findings of their  fire risk assessments.

But what is a licence? Does the term licence include the registration certificate for  premises such as daycare centres for vulnerable adults, staffed by less than 5 employees or volunteers but which operate under the Care Standards Act and CSCI  ( Adults) or OFSTED ( childrens creches)?

[wtfdik]

I belive so because the order states under Article 42 "licensing" includes certification and registration and "licence" is to be construed accordingly; and

(c) references to the issue of licences include references to their renewal, transfer or variation.

It also says a recorded RA if they have a licence regarless of people employed this includes your one man off licence

But I am willing to listen to other views

[Nearlybaldandgrey]

Simple answer Kurnal ............... Yes!!

It includes all of those mentioned.

[fred]

another little gem - under Art 42 the Registration or Licensing Authority are required to give the Fire Authority opportunity to make representation before they issue the licence.  However the new Gambling Act - unlike the Licensing Act - has no licensing objective of Public Safety - and I quote from the Guidance to Licensing Authorities on the Gambling Act which states that:-

"7.4.2 ..... Thus, for example, the following examples of possible representations would not be likely to be relevant:

_ that the proposed premises are likely to be a fire risk;"

I feel an amendment - and a headache - coming on .....

[wee brian]

Quality

[AM]

another little gem - under Art 42 the Registration or Licensing Authority are required to give the Fire Authority opportunity to make representation before they issue the licence.  However the new Gambling Act - unlike the Licensing Act - has no licensing objective of Public Safety - and I quote from the Guidance to Licensing Authorities on the Gambling Act which states that:-

"7.4.2 ..... Thus, for example, the following examples of possible representations would not be likely to be relevant:

_ that the proposed premises are likely to be a fire risk;"

I feel an amendment - and a headache - coming on .....

The Licensing acts have had a fire safety section because it allowed fire precautions to be included when there was limited powers for fire legislation to be enforced if they weren't certified. The premises now covered by the FSO (which has not been taken into account in the new licensing act, but appears to have in the Gambling Act) all have a responsiblity to protect relevant persons from fire and this should be enforced under that order. Why should the Licensing Officer take on the role of the enforcing agent, when that duty lies with the Fire Services?

[jokar]

Just to add to the script, all those fire safety conditions put on on licensed premises under representation by the FRS are no longer enforceable, from 1 October.  Where then does that leave the licensing authority?