Alcohol Licensing Decision-Making: A Qualitative Study of Official Stakeholder Perceptions

Background – In England, the Licensing Act 2003 informs regulation of alcohol sale with local authorities having devolved responsibility for many aspects including decision-making about license applications. Representations of objection and support from members of the public regarding a license are permitted that can lead to conflict between applicants and objectors as well as among members of the public. Previous studies explicated decision-making in terms of steps in processing an application, procedures of Licensing Committee hearings and whether decisions are compatible with the legal principles of the Act. Although a few studies provided insights, none have directly examined how decisions are made in situations of conflict. Thus, the purpose of this study is to clarify how such decisions are made and what factors influence this.

Methods – Using qualitative methodology, 15 in-depth, semi-structured interviews were undertaken with a purposive sample of licensing officers, chairs of licensing committees, police licensing officers and members of public health teams from 11 local authorities in five regions in England – Northwest, Northeast, London, Southeast, and Yorkshire and the Humber. Subsequent analysis was undertaken using the Framework Method.

Results – Alcohol licensing decision-making where it involves conflict among members of the public including between license applicants and complainants involves four key processes: (1) ensuring fairness in process; (2) balancing objectivity and subjectivity; (3) displacing decision-making; (4) addressing asymmetry in power. Results showed that licensing authorities put prime importance to fairness in process. They also actively avoid imposing an objective decision based on the Act by encouraging applicants and local residents to identify mutually acceptable solutions based on their subjective perceptions. Why licensing authorities adopt these practices is influenced by two key factors: (1) attributes of members of the public; and (2) relationships.

Conclusion – It is important for licensing authorities that the process by which licensing decisions are arrived at is perceived to be fair. Because the principle of ultra vires is both flexible and complex, licensing authorities use considerable effort to transfer decision-making to the rival license application parties. This raises uncertainty on whether the goal of preventing and reducing alcohol-related harms will be achieved, but ultimately represents a pragmatic process that seeks to restore balance in powers, improve transparency in decision-making and empower communities.