Licensing Act 2003: Personal and premises licences - we can help

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The Licensing Act 2003 (“the Act”) is now in force and it has brought in a substantially new Licensing regime.

So what has changed?

The current licensing system, under which Licensing Justices in the Magistrates Court have authority over the granting of liquor licences attaching to premises, is removed completely. Authority for the granting of licences is handed to Local Authorities, with Magistrates presiding over appeals.

The provisions of the Act relate to “licensable activities”, which cover the:

• sale of alcohol by retail
• supply of alcohol in clubs
• provision of regulated entertainment
• provision of late night refreshment

Regulated entertainment” is defined widely to include:

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment (indoors or outdoors)
• a performance of live music
• any playing of recorded music, unless incidental
• a performance of dance

One can observe from the above list that more activities in many more premises will need to be licensed for example school plays, and various community activities in village halls up and down the country.

Types of Licences required

Personal Licence
Unlike the old licensing regime there will now be separate licences one for the licensee personally and one for the licensed premises.

You will need a Personal Licence if you wish to sell alcohol.

If you wish to supply alcohol in a members club, or simply provide regulated entertainment or supply hot food between 11:00pm and 5:00am you will not need a Personal Licence.

A Personal Licence application costs £37.00 and lasts for 10 years.

Premises Licence
Licensable activities which need a Premises Licence are as outlined above. One or all of these activities can be contained on the Premises Licence.

In order to provide licensable activities to the public you require one of three types of permission.

A “Premises Licence” will be the most popular and may authorise the sale by retail of alcohol, the provision of regulated entertainment and the sale of hot food between 11pm and 5am. Such licences will be held by pubs and nightclubs, restaurants, off licences, supermarkets, theatres, cinemas etc

A “Club Premises Certificate” will be used for the supply of alcohol to members and guests of the club and the provision of regulated entertainment within the club

A “Temporary Events Notice” will be used to permit the sale by retail of alcohol, the provision of regulated entertainment, the supply of hot food or drink between 11pm and 5am on a temporary basis.

It is to be noted that “premises” is defined as “any place and includes a vehicle, vessel or moveable structure”, thus requiring the licensing of such entities as late night burger bars.

Premises supplying alcohol by retail will need to identify a Designated Premises Supervisor, who must hold a Personal Licence.

Operating schedules will need to be prepared as part of an application under the new regime and must include a statement including details of:-

• the relevant licensable activities;
• the times during which the applicant proposes that the relevant licensable activities are to take place;
• any other times when the applicant proposes that the premises should be open to the public;
• all licensable activities that will, or might take place on the premises as part of any application under the
• new regime and likely hours of business; and
• where the relevant licensable activities include the sale of alcohol, specific information in respect of the individual who is to be the Designated Premises Supervisor.
  

We can help you with licence applications for :-

• Clubs
• Restaurants
• Public houses
• Cafes
• Hotel and guest houses
• Off-licences

Betting and Gaming Licences

For those who wish to apply for bookmakers permits, betting office or gaming licences we can offer a professional and fast service.