The Licensing Act 2003

The Licensing Act 2003 came into force on the 24th November 2005

The formalities and requirements have changed to such an extent that we strongly advise that you seek legal advice before making any licensing application.

Under the Act, a licence will be required for any of the following:

• Retail sale or the supply of alcohol
• Performance of a play
• Exhibition of a film
• Indoor sporting events
• Boxing or wrestling events
• Performing live music
• Dancing
• Providing facilities for making music or dancing
• Supplying hot food or drink between 11pm and 5am

Licence requirements

Where alcohol is to be sold, it will also be necessary for someone who holds a personal licence to be present to authorise the sale. There will also be a new Club Certificate and a notification process for small short-term events, called a Temporary Event Notice. The new licences are aimed at enabling licensees to have more flexible opening hours with regard to the sale of alcohol. There will no longer be set licensing hours so licensees will be free to apply for any hours they want.

This does not mean however, that applications for 24 hour drinking will necessarily be accepted.

Each Council has a Licensing Policy that explains the factors that the Council considers when examining applications for licences, and for monitoring compliance with licence conditions. This policy will also explain the objectives of the Council in relation to licensing.

The four main objectives for every Council are as follows:

• Prevention of crime and disorder
• Protection of children from harm
• Protection of public safety
• Prevention of nuisance

When determining applications for licences the Council can only consider matters that will impact on one or more of these licensing objectives. This new regime will be an opportunity for the Council to rise to the challenge and continue to encourage commerce and the provision of live entertainment, whilst protecting the public.

Premises licence

The applicant must complete the following:

• Premises licence application form
• Designated premises supervisor form

And serve it on the Council for the area in which the premises are situated along with all of the statutory authorities that are listed in the Council’s licensing policy.

In addition to the above, the application must include:

• Plans of the premises on a scale of 1:100 showing areas of licensable activities and fire exits
• A cheque in respect of the Council’s fee which is based on the rateable value of the premises

Personal licence

Personal licences will be needed by anyone who supervises the sale of alcohol in any premises - including pubs, off-licences, restaurants, hotels and private member’s clubs. Applications for a personal licence may be made to the Council for the area in which the applicant lives. This Council will then be responsible for continuing to issue this licence even if the holder moves away from the area.

To qualify automatically for a personal licence applicants must be:

• Over 18
• Not have any of the relevant criminal convictions outlined in the Act
• Possess an approved licensing qualification

The applicant must send the following to the Council whilst serving a copy on the police:

• Personal licence application form
• Declaration of convictions form
• Completed CRB check that is not more than one month old
• Evidence of licensing qualification
• A cheque in the amount of £37 in respect of the Council’s fee
• Two passport photographs, one certified as a true likeness by a professional person

Personal licences will be valid for 10 years. There will be various duties on holders of personal licences, and the court can forfeit their licence if they are convicted of various offences.

We strongly recommend that you have at least two personal licence holders at each premises in order that you are not prevented from trading should your designated premises supervisor leave.

Applications to vary the premises licence to specify a new designated premises supervisor need to be made to the Council with copies serving on the Police and the previous designated premises supervisor. The Council’s fee for this application is £23.