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The new Licensing Act 2003 became operational on 24th November 2005 when it replaced the Licensing Act 1964. All licensable activities must now be authorised by a Premises Licence or TEN. Licensable activities include the sale of alcohol, the provision of entertainment and the sale of hot food after 11.00pm. It is an offence to provide these activities without a Premises Licence/TEN being in force.
Individuals managing licensed premises must hold a Personal Licence, which is similar in concept to a driving licence. This licence confirms that the manager of licensed premises selling alcohol has received the correct training to authorise alcohol sales. A person must be nominated as the responsible individual at the premises and this person is called the Designated Premises Supervisor (DPS). There can only be one DPS per premises and this person must hold a Personal Licence.
Premises Licences are issued by the licensing authority (ie. the Council) where premises are situated. Personal Licences are issued by the authority where the individual is ordinarily resident.
A licensing authority must issue licences with a view to promoting the licensing objectives. These are:-
The prevention of crime and disorder;
Public safety;
The prevention of public nuisance; and
The protection of children from harm.
The introduction of the Licensing Act saw the abolition of "permitted hours" for sales of alcohol. However, this does not mean that all premises can open 24 hours a day, without an application being made and granted to authorise this. In theory though, 24 hour opening is possible.
Individuals, businesses and authorities such as the police have a right to review an existing Premises Licence "at any time" which may ultimately lead to the revocation of the licence.
We can help you to apply for the review of a Premises Licence or to oppose an application for review.
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Regulated entertainment is commercial entertainment provided in the presence of an audience, for the purpose of entertaining that audience. It includes:-
The performance of a play;
The exhibition of a film;
An indoor sporting event;
Boxing or wrestling;
A performance of live music;
Any playing of recorded music;
A performance of dance;
Entertainment of a similar description (eg a circus will be licensable)
A person (including a company and a person over 18) may apply for a Premises Licence. The applicant must generally propose to carry on a business involving the use of the premises for one or more licensable activities.
Applications must be submitted to a licensing authority on a standard form and enclosing the appropriate fee based on the NRDV of the premises. The application must include an operating schedule, a plan of the premises and the proposed licensable activities. The application will also have to be advertised outside the premises and in a local newspaper.
If there are no objections made to the application by persons living or working near the premises, or by bodies such as the fire brigade or the police, the authority must grant the licence.
If there are objections, the authority must hold a hearing to consider the application. Following the hearing, the authority may grant the application, may modify and grant it, or may refuse it.
Where premises are yet to be built, a Provisional Statement may be applied for, which gives limited assurance that a Premises Licence will be granted once the premises have been built.
An Operating Schedule is part of an application for a new Premises Licence. This sets out the nature and style of the business and the manner in which it will be operated. It also includes the steps that will be taken by the applicant to promote the licensing objectives.
This document must be produced specifically for each premises and will specify the activities taking place, the times of those activities, the DPS where alcohol is to be supplied, whether alcohol is to be supplied for consumption on or off the premises, steps to promote the licensing objectives etc.
Examples of the steps that can be taken to promote the licensing objectives are given in many licensing authority policies.
We can help you prepare an Operating Schedule for your premises.
The process for varying an existing licence is almost identical to the process for applying for a new licence. A Premises Licence holder may, for example, wish to extend opening hours for the supply of alcohol from 2.00am until 3.00am each weekend.
Residents and authorities such as the police will have a right to object to the application and this will have to be heard by a licensing authority committee. The committee may grant the application in whole or in part or may refuse it.
If there are no objections then the application for variation must be granted.
We can help you vary or oppose the variation of a Premises Licence.
There is a far simpler procedure to vary the licence to appoint a new DPS. An application form must be submitted to the authority with the fee and the consent of the proposed individual. The individual must be a Personal Licence holder.
An application may be submitted for the application to have interim (ie. immediate) effect. This will normally be faxed to the authority.
The police have a right to object to the application in exceptional circumstances.
There can be only one DPS per premises at any one time.
Once a Premises Licence is operational, a person living or working nearby or a body such as the police may apply to the licensing authority to review a licence.
The authority may disregard certain requests for the review of a licence, especially where a request has been made to review a licence in the recent past on identical grounds.
Following a request for review, the authority must hold a hearing to consider the ground for review and may modify the licence, exclude an activity (eg. exclude alcohol supplies) or even revoke the licence.
If a licence is revoked, the holder of the licence has a right to appeal the decision to the Magistrates' Court.
A Premises Licence lasts indefinitely unless it is suspended or revoked. An annual continuation fee is payable but there is no annual renewal process as with current PEL's.
Clubs have similar rights to apply for a Club Registration Certificate.
Club Premises Certificates may be varied and reviewed in the same way as Premises Licences.
Temporary Event Notices may be given to an authority notifying the proposed use of premises for one or more licensable activity for a period not exceeding 96 hours. Other limitations apply.
A TEN must be served 10 working days before the event begins and cannot apply where more than 499 persons will be on the premises at any one time.
The police have a right to object to a TEN. The licensing authority must hear the application and police objection at a committee hearing if this is the case.
A Personal Licence authorises an individual to supply, or to authorise the supply of, alcohol in accordance with a Premises Licence.
An application for a Personal Licence is made to the licensing authority where the applicant is ordinarily resident. A licence lasts for a period of 10 years from the date of grant, unless it is surrendered, suspended or revoked.
A new applicant for a Personal Licence must hold an accredited Personal Licence qualification, must be over 18 and must not have had a Personal Licence forfeited in the last 5 years, nor been convicted of a relevant or foreign offence.
We are now running accredited NCPLH courses in Manchester.
The police have a right to object to a Personal Licence application where the granting of the application would undermine the crime prevention objective of the Act.
This is an offence subject to a maximum fine of £20,000 or 6 months imprisonment, or both.
Licensing authorities have now taken over responsibility for granting gaming machine permits from the courts.
An applicant may apply to the Council for a permit for up to 2 machines in writing, without the need for a hearing.
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