Licensing Act 2003

The Licensing Act 2003 repealed earlier acts that covered a number of licensable activities:

The sale of alcohol by retail
The supply of alcohol in clubs
Regulated entertainment (plays, music, theatre etc)
The sale of hot food and drinks between 2300 and 0500 hours

The regulations of the act are geared towards:

The prevention of crime and disorder
The prevention of public nuisance
The promotion of public safety
Prevention of harm to children

Significantly, the Act enables up to 24 hour licensing, 7 days a week. This flexibility is intended to help accomplish the objectives listed above. It also makes it an offence to purchase (not just to sell) alcohol by someone under the age of 18, punishable by a £1000 fine.

Regulated entertainment

The sale of alcohol and of hot food and drink is self explanatory, but what is regulated entertainment?

The act covers entertainment and entertainment facilities. The descriptions of entertainment in the Licensing Act are:

the performance of a play
an exhibition of a film
an indoor sporting event
boxing or wrestling entertainment
a performance of live music
any playing of recorded music
a performance of dance
or entertainment of a similar description to live music, recorded music or dance

Entertainment facilities are facilities which enable people to be entertained by taking part in:

making music
dancing
entertainment of a similar description to making music or dancing

"Entertainment facilities" are, for example, a dance floor provided for customers to use, whereas "entertainment" might involve a performance of dance provided for an audience.

Premises licences

A Premises Licence is required for any premises where licensable activities are carried out, eg the supply or sale of alcohol, regulated entertainment such as gambling, music and plays and/or the sale of hot food between 2300 and 0500. A Premises Licence can be granted to any place, it doesn't actually have to be a building (it could be a village green for example). The license, once granted, lasts for the lifetime of the business, provided, obviously, the legislation is adhered to and the licence isn't revoked. There is an application fee and an annual fee, assuming you wish to renew.

To apply for a Premise Licence request a form from your local authority. You must supply, with the completed form:

a plan at the scale of 1:1000
the appropriate fee
an operating schedule
the name and consent of the Premises Supervisor (see below).

The application will be forwarded to the Police, the Fire Authority, the Health and Safety Executive, Environmental Health (in most cases), the Child Protection Committee, the Planning Authority and the Weights and Measures/Trading Standards authority. Any interested party may make representations. If representations are made, the Licensing Authority must hold a hearing in most cases.

The application must also be advertised in a newspaper circulating within the area and also on a site notice.

For a Premises License that includes the sale of alcohol there must be a Designated Premises Supervisor, who holds a Personal Licence (see below)and who must counter sign the application. Whilst several persons on any premises can hold a Personal Licence, only one can be named as the Designated Premises Supervisor.

Personal licences

A Personal Licence allows a person to sell alcohol, or to authorise the sale of alcohol, at a premises for which a Premises Licence is held. Anyone can apply for a Personal Licence to the Licensing Authority for the area in which they live. They need to show they have a criminal record free from relevant offences and must provide two photographs, a fee, and an accredited licensing qualification (which can be obtained from the British Innkeepers Association, amongst others). The local authority can only refuse an application on police advice.

The licence lasts for ten years, assuming the regulations have been followed and the licence hasn't been revoked. On expiry, the licensee can reapply to the authority that issued the original, rather than the authority for the area in which they now live.

Club premises certificate

Club Premises Certificates (which are notionally identical to Premises Licenses) should be obtained by premises run as a privately owned club, such as a cricket or working men's club. There is no difference in the process for the Club Certificate application form.

In operating a Club Certificate there is no sale of alcohol by retail since the alcohol is owned by members of the club and the money changing hands is for equity between those who drink more than others and to replace the stocks of alcohol for the members. There is therefore no Personal Licence holder required to authorise alcohol sales as no alcohol sales take place and no Designated Premises Supervisor is required.

Note: Registered clubs need to look carefully at their operations. In letting out rooms it may well be that persons receiving alcohol are not members. In these cases, a sale of alcohol to these people takes place rather than a supply. Club premises where function rooms are let out with a view to profit, such as for weddings etc, may well need a Premises Licence to sell alcohol by retail, and therefore also a Personal Licence holder and a Designated Premises Supervisor.

Temporary Event Notices (TENs)

These notices are not licences and have a limited lifespan of up to 96 hours. They cover events up to 500 people with or without alcohol.

Any personal license holder can give up to 12 TENs per year with a minimum of 24 hours between each one. In total they may give 50 TENs (across the lifetime of their licence).

Unlicensed premises, for example schools, and any unlicensed person over 18 can also serve the local authority and local police with a TEN for an event which would normally need a Premises Licence. They may only do this 5 times per year.

TENs must be submitted at least 10 working days before the event is due to commence. The police have 48 hours to reject the notice.

TENs do not require 'permission' from the council or police but if either authority is convinced that any of the limits will be exceeded, they may produce a counter notice.

Further information and resources

http://www.culture.gov.uk/what_we_do/Alcohol_entertainment/ These are the pages from the Department of Culture, Media and Sport (DCMS) responsible for overseeing the Licensing 2003 laws. You can download application forms, find information on fees and follow guidance for all licences that fall under this act.

Trade specific guidance
This page from the DCMS website gives links to specific trade bodies (like the British Innkeepers Association) in order to access their trade specific guidance on the Licensing Act 2003.

Local authorities control applications for licensing. They will also provide advice and guidance. In line with the government requirement to deliver all council services online, you can download applications forms (and fee advice) from your local authority website. Many authorities offer 'Licensing Toolkits' to walk you through the steps. Click here to find your local authority.