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Revised Guidance issued under s182 of the Licensing Act 2003

The Home Office released revised Section 182 Guidance yesterday, on 12 February 2026, a mere 3 months after the previous update.  The guidance is provided to support licensing authorities carry out their functions under the Licensing Act 2003.

Thankfully, on this occasion, the Home Office have confirmed the change, the guidance being updated to include Paragraph 1.19, which refers to local authorities considering local plans/strategies when making licensing decisions.

Under the heading ‘Each application on its own merits’, the new Para 1.19 states:

“1.19 In coming to a decision on individual licensing applications, licensing committees should have regard to relevant local plans and strategies – such as those relating to town planning, the night-time economy, or business support – provided these considerations  are consistent with the licensing objectives and the authority’s published licensing policy.

For example, licensing authorities in the area covered by the London Mayor should consider the London Plan 2021 which sets out a clear framework for the development of London over the next 20-25 years and the Mayor’s vision for Good Growth.”

Other paragraphs within the S182 guidance already contain references for licensing committees to consider discussions with their planning counterparts prior to determination with the aim of agreeing mutually acceptable operating hours and scheme designs.  Para 1.19, however, has now gone further than just planning, in opening this up to strategies and plans related to the night-time economy and business support. 

It is hoped that committees will rely on the paragraph, where possible, to grant more applications to support businesses and the night-time economy.

Please see the following link to the February 2026 revised Guidance:

https://www.gov.uk/government/publications/explanatory-memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003

Should you wish to discuss the revised Guidance with Chris, please email Chris@woodswhur.co.uk or please do reach out to your normal Woods Whur contact.