ACFO Letter

							Hampton House                                   Web www.london-fire.gov.uk
20 Albert Embankment
London
SE1 7SD



FIRE AND COMMUNITY SAFETY DIRECTORATE
Steve Turek, Assistant Commissioner (Community Safety)

Date                                                                                           Our Ref.                          Your Ref.
28th March 2007                                                                                FS/TPG1/E70

Addressee                                                                                      Please reply to (quoting reference above)
                                                                                               Steve Turek
Simon Richardson
Licensing Guidance Review Team
Tourism Division
6th Floor, DCMS
2-4 Cockspur Street
London
SW1Y 5DH



Dear Mr. Richardson,

CONSULTATION ON REVISED GUIDANCE UNDER SECTION 182 OF THE LICENSING ACT
2003

In responding to consultation on the above I can advise that this Authority generally welcomes the format
and content of the revised guidance that has been produced. There are, however, some key areas where it is
considered that the guidance could be improved or that additional guidance would be helpful to ensure that
licensing applications can be dealt with as efficiently as possible whilst meeting the public safety objective.

In answer to the specific questions posed in your consultation document I offer the following observations.

Question 7 concerning annexes D-H: Option 2: The retention of annexes E & F is preferred. Whilst it is
recognised that licensing conditions should not be used to duplicate requirements imposed by fire safety
legislation the model pool of conditions provide a useful source of advice and guidance that does encourage a
consistent approach. Many of the issues highlighted are not directly covered by fire legislation but are
related to the wider public safety objective.

There are however some references in the annexes that are direct duplications of requirements in The
Regulatory Reform (Fire Safety) Order 2005 (FSO). For example the section on Escape Routes contains the
potential condition that “all exits doors are easily openable without the use of a key….”, by comparison,
Article 14 (f) of the FSO requires that “emergency doors must not be so locked or fastened that they cannot
be easily and immediately opened ….”. We recommend therefore that a detailed analysis of the model pool of
conditions be carried out and those that are directly enforceable under other legislation be removed.

In addition the relevant “Fire Safety Risk Assessment” guidance documents issued by DCLG in support of
the FSO should be included in the list of reference documents that people preparing operating schedules
should consider. ( E.g Guidance for “ Small & medium places of assembly”, “ Large places of assembly” &
“Theatres, cinemas and similar premises”)


Question 9: Answer No.

Question 10: Answer Yes.

Question 29: Answer Yes.


                                                                                                                          making London a safer city
                                                                                                                                                          1
                       LFB is part of the London Fire & Emergency Planning Authority   Ken Knight, CBE, QFSM, MIFireE Commissioner for Fire & Emergency
Planning
Question 31: Concerns other issues that we would like to see addressed in the revised guidance. I offer the
following observations.

Paragraph 2.26 “Safe Capacities” We consider that the issue of safe capacity and emergency egress from
fire is adequately covered in general by Article 14 of the FSO, and in particular section 14 (2) (c). Where
capacity is a risk issue it should be addressed specifically in the premises fire risk assessment. We do not
therefore see the need for the fire authority to impose any new capacities as conditions of licence, although
we accept that there are other public safety issues that may require other responsible authorities to seek a
capacity condition.

Paragraph 5.27 The “Fire Safety Risk Assessment” guidance on “Open Air Events and Venues” issued by
DCLG in support of the FSO should be included in the list of reference documents that those preparing
operating schedules should consider.

Paragraph 8.26 This Authority has published detailed guidance for premises licence applications about the
reduction of risk from fire. (See link below for detail). However, our experience is that, most applicants
provide little or no detail in their operating schedule about the management of risk or the promotion of the
public safety objective.

http://www.london-fire.gov.uk/fire_safety/media/firesafety_gn71_licence_application.pdf

We would therefore recommend that clearer guidance be made available by DCMS that provides detail about
the information that should be included with an application and in particular some examples of specimen
operating schedules.

The above comments are forwarded for your consideration. Should you wish to discuss any aspect of this
letter please contact me as above or my colleague Nigel Firkins.


Yours sincerely




S. TUREK
Assistant Commissioner
Community Safety




                                                                                                                    making London a safer city
                                                                                                                                                       2
                    LFB is part of the London Fire & Emergency Planning Authority   Ken Knight, CBE, QFSM, MIFireE Commissioner for Fire & Emergency
Planning