Licensing Act 2003 - Frequently Asked Questions
Listen- What changes have been brought in by the Licensing Act 2003?
- What is the difference between a licensing authority and a local authority?
- What is a statement of licensing policy?
- Do I need a licence?
- What are "licensable activities"?
- What is "regulated entertainment"?
- What is "late night refreshment"?
- What are the four licensing objectives?
- What is a Premises Licence?
- Who can apply for a Premises Licence?
- How do you apply for a Premises Licence?
- What is a Designated Premises Supervisor?
- What is a Club Premises Certificate?
- How do you apply for a Club Premises Certificate?
- Will a member of the club need to be a designated premises supervisor and have to obtain a personal licence?
- Will registered clubs still be able to sell and/or supply alcohol to children who are members?
- What is an operating schedule?
- What is a Temporary Events Notice (TEN)?
- What is the purpose of a personal licence?
- Do all staff in a pub or similar establishment selling alcohol need to hold a personal licence?
- Must there always be a personal licence holder / DPS on the premises in order to authorise a sale?
- Should a licensee employ more than one personal licence holder?
- How do you qualify for a personal licence?
- How do you obtain the necessary qualification for a personal licence?
- Do all sales of alcohol require a licence?
- What happens if the designated premises supervisor (DPS) leaves his employment, notifies the licensing authority, but does not tell the premises licence holder?
- Can there be more than one DPS at a premises?
- What is meant by “Responsible Authorities”?
- What if I wish to complain about a licensed premises?
- How do you make representations, i.e. object to a licence application?
- Can a policy statement rule out granting more licences in areas where there is already a high concentration of pubs and bars?
What changes have been brought in by the Licensing Act 2003?
Key measures contained in the Act include:
- flexible opening hours for premises, with the potential for up to 24 hour opening, seven days a week, subject to consultation. This will help to minimise public disorder resulting from fixed closing times;
- a single premises licence which can permit premises to be used to supply alcohol, to provide regulated entertainment and to provide refreshment late at night. This will bring together the six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafes) thereby cutting down on red tape;
- a new system of portable personal licences relating to the supply of alcohol which will enable holders to move more freely between premises where a premises licence is in force;
- premises and personal licences to be issued by licensing authorities after notification to and scrutiny of all applications by the police and other responsible authorities.
What is the difference between a licensing authority and a local authority?
A licensing authority carries out licensing functions under the Licensing Act 2003. It does not carry out functions such as environmental health or planning. The carrying out of those functions is by a different authority under different legislation and it is important to make a distinction between the two authorities and their functions, although they may be made up of the same people in a local council.
What is a statement of licensing policy?
A statement of how the licensing authority intends to exercise its licensing functions. It can state the authority’s general approach to licensing decisions and provide transparency for all those involved in the licensing regime, including interested parties (such as residents) and applicants.
Do I need a licence?
Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate. If you intend to carry on any of the licensable activities, and unless your activity is covered by one of the exemptions in the Act, you will need one of these three authorisations. It is an offence to carry on any licensable activity without such an authorisation.
What are "licensable activities"?
There are four main licensable activities:
- the sale by retail of alcohol
- the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
- the provision of regulated entertainment
- the provision of late night refreshment
What is "regulated entertainment"?
"Regulated entertainment" includes the following: a 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 karaoke; entertainment of a similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance.
What is "late night refreshment"?
"Late night refreshment" means the sale and supply of hot food and drink anytime between 11pm and 5am. Shops, stores, and supermarkets selling food that is immediately consumable from 11pm will not be licensable as providing late night refreshment unless they are selling hot food and drink. “Late night refreshment” applies to night cafes and take away food outlets.
What are the four licensing objectives?
The 2003 Licensing Act stipulates that it is the duty of all licensing authorities to carry out their functions under the Act by promoting the four licensing objectives. The licensing objectives are:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
Each objective is of equal importance. In applying for a licence, the licensee must demonstrate on the application form and Operating Schedule how he/she intends to promote these four objectives.
What is a Premises Licence?
The Licensing Act 2003 ("the Act") amalgamates six existing licensing regimes covering the sale and supply of alcohol, the provision of regulated entertainment, the provision of late night refreshment and replaces them with a single Premises licence. New premises licences will not be time limited, nor subject to renewal every three years, as was the case for liquor licences or have a duration of only a year, as was the case for public entertainment licences. The fee charges for the premises licence will be the same no matter what or how many licensable activities will take place on the premises.
Who can apply for a Premises Licence?
The principal category of those who can apply for a premises licence is anyone who proposes to carry on a business involving licensable activities on the premises. This covers any individual (aged at least 18) or business. Recognised clubs, charities, a proprietor of educational establishments, health service bodies and a chief officer of police may also apply for a premises licence.
How do you apply for a Premises Licence?
An application for a premises licence must be made to Bracknell Forest Borough Council’s Licensing Authority. To make an application you must submit:
- a completed application form;
- an operating schedule;
- a plan of the premises in the prescribed form; and
- if the application requests the authorisation to supply alcohol, a form containing the consent of the proposed designated premises supervisor in the prescribed form.
What is a Designated Premises Supervisor?
Every community centre will need a named Designated Premises Supervisor (DPS) – an individual, who it is clear is in day-to-day running of the premises (e.g. caretaker, secretary). The DPS does not have to be on the premises all the time. If the DPS is absent from the community centre for an extended period for whatever reason however (e.g. holiday), his or her contact details should be easily accessible in the event of emergency and made known to at least one other individual at the centre.
What is a Club Premises Certificate?
To be classified as a qualifying club in relation to a qualifying club activity, a number of general conditions must be met. These are:
- That persons may not be admitted to membership without an interval of at least two days between their nomination for membership and their admission;
- That those becoming members without prior nomination or application may not be admitted to the privileges of membership without an interval of at least two days between their becoming members and their admission;
- That the club is established and conducted in good faith as a club;
- That the club has at least 25 members;
- That alcohol is not supplied to members on the premises otherwise than by or on behalf of the club;
- And if alcohol is supplied on behalf of the club:
- The purchase and supply of alcohol by and for the club is managed by a committee made up of elected members of the club all aged over 18 years;
- No arrangements may be made for any person to receive any commission, percentage or similar payment at the expense of the club with reference to purchases of alcohol by the club;
- No arrangements may be made for any person to derive directly or indirectly any monetary benefit from the supply of alcohol to members or guests apart from to benefit the club as a whole or any indirect benefit a person derives by reason of the supply contributing to a general gain for the club as a whole.
A club premises certificate has no time limit and will continue to have effect unless it is withdrawn by the licensing authority following an application for the review of the certificate, if the club ceases to be a qualifying club or it lapses on surrender by the club. The fee charges for the Club Premises Certificate will be the same no matter what or how many licensable activities will take place on the premises.
How do you apply for a Club Premises Certificate?
An application for a club premises certificate must be made to the relevant licensing authority, that is, the authority within whose area the premises is situated. To make an application you must submit:
- a completed application form;
- a club operating schedule;
- a plan of the premises in the required form, and;
- a copy of the clubs rules.
- the required fee
A club may apply for a Premises Licence instead if it prefers.
Will a member of the club need to be a designated premises supervisor and have to obtain a personal licence?
No. There is no requirement to have a designated premises supervisor or for a member of the club to be a personal licence holder, or for the club to employ an individual who holds a personal licence, in order for the club to be able to obtain a club premises certificate to authorise it to sell or supply alcohol. If a qualifying club decides to apply for a premises licence, then it will need to specify an individual to be the designated premises supervisor for its premises and it may only supply alcohol if the supply is made or authorised by a personal licence holder.
Will registered clubs still be able to sell and/or supply alcohol to children who are members?
It is now an offence to supply alcohol to a minor (person under 18) on a premises where supplies of alcohol are authorised by a club premises certificate. Whereas, under the existing system, clubs are free to sell and supply alcohol to minors and allow them to consume it on the club premises, this privilege has been withdrawn. It is now illegal to knowingly sell or supply alcohol to a minor anywhere.
There are a number of offences encompassing the sale or supply of alcohol to a person under 18, which covers the bar staff who either sell or supply and the owner or manager of the pub or club who allow the sale or supply. Under section 150, children themselves are committing a criminal act if they purchase alcohol for themselves for consumption by themselves or others. These offences are committed in both clubs and public houses. The only sale or supply of alcohol for consumption by a child under the age of 18 is that which is contained in section 150 of the Act and in paragraph 12.16 of the Guidance, which permits children aged 16 or 17 accompanied by a person over 18 to consume beer, wine or cider with a table meal.
What is an operating schedule?
The operating schedule is a document, forming part of the licence application form, in which the applicant sets out details about how the premises is proposed to operate when carrying on licensable activities. It must include the following information:
- the name of the person (including a business or public body holding a licence);
- the name and address of the premises;
- the licensable activities to be conducted on the premises;
- the location of licensable activities on the premises (e.g. bar downstairs;
- the proposed hours that the relevant licensable activities take place;
- he proposed hours that the premises are to be open to the public;
- the duration of the licence (if it is to have a fixed term);
- details of who is to be the designated premises supervisor if the licensable activities include the supply of alcohol (not applicable for a Club Premises Certificate);
- where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off premises;
- the licensed area identified by a scaled map; and
- a statement of the steps the applicant proposes to take to promote the licensing objectives (for example, the arrangements for door security to prevent crime and disorder).
The significance of the operating schedule is that if the application for the premises licence is granted, it will be incorporated into the licence itself and set out the permitted activities and the limitations on them.
What is a Temporary Events Notice (TEN)?
A TEN provides a licence for the sale/supply of alcohol on the community centre premises and for the provision of regulated entertainment for one-off events. “Regulated entertainment” is that which takes place in the presence of a viewing audience, and is provided for the purpose of entertaining that audience. It includes the following: a 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 karaoke; entertainment of a similar description to that falling within the performance of live music, the performance of dance, and the playing of recorded music.
A TEN applies to events of 499 persons or fewer - where there are likely to be 500 plus persons, a Premises Licence is required. However, a TEN has several limitations. You may only hold 15 temporary events at a single community centre in any given year, and if there is no Personal Licence holder you are permitted to hold only 5 Temporary Events in any calendar year. If the person serving the TEN is a Personal Licence holder, he/she is permitted to hold up to 50 TENs a year. Each TEN will cost £21.
What is the purpose of a personal licence?
It authorises an individual to supply alcohol, or authorise the supply of alcohol, in accordance with a premises licence or temporary event notice.
Do all staff in a pub or similar establishment selling alcohol need to hold a personal licence?
No. Other than the designated premises supervisor (DPS), no one is required to hold a personal licence to work in any licensed premises. However, every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Must there always be a personal licence holder / DPS on the premises in order to authorise a sale?
There is nothing in the 2003 Act that requires the DPS to be on the premises at all times when alcohol is being sold. What will be essential is that the DPS is contactable, particularly should problems arise with the premises. A personal licence holder may authorise members of staff to make sales of alcohol during the course of an evening. It would be expected that the personal licence holder would be available on the premises, but may be absent at times when transactions take place.
Should a licensee employ more than one personal licence holder?
This is an operational decision for the premises licence holder. Licensees may wish to have more than one personal licence holder in case a new DPS has to be appointed at short notice and to allow greater flexibility in fulfilling the requirement for every alcohol sale to be made or authorised by a personal licence holder.
How do you qualify for a personal licence?
To qualify for a personal licence you must be aged 18 or over; have not forfeited a personal licence within five years prior to making the application; have not been convicted of any relevant or foreign offence; and you must possess an accredited licensing qualification.
How do you obtain the necessary qualification for a personal licence?
The Secretary of State will accredit licensing qualifications and the bodies who will be able to reward these. Details of accredited qualifications and awarding bodies will be detailed on this web page in due course or will be viewable on the DCMS website. The Secretary of State is expected to set common and fair standards for qualifications and awarding bodies by requiring them to be accredited by the Qualifications and Curriculum Authority (QCA) or the Qualifications Curriculum and Assessment Authority for Wales (ACCAC).
Do all sales of alcohol require a licence?
All sales of alcohol to members of the public, even by wholesale traders, from any premises will require authorisation. Any premises from which alcohol is supplied or sold will require either a premises licence, a club premises certificate or a temporary event notice. There will need to be a designated premises supervisor for the premises if the authorisation is in the form of a premises licence.
What happens if the designated premises supervisor (DPS) leaves his employment, notifies the licensing authority, but does not tell the premises licence holder?
The DPS must inform Bracknell Forest Borough Council’s Licensing Authority if he or she wishes to be removed as DPS. Within 48 hours of the notice being given to the licensing authority, the individual must also give the premises licence holder a copy of the notice sent to the licensing authority. The DPS must also send a notice directing the licence holder to send to the relevant licensing authority the premises licence or if that is not practicable, a statement of the reasons for the failure to provide the licence within 14 days of receiving the notice. If the holder fails to comply with the direction he will commit an offence.
Can there be more than one DPS at a premises?
The Act specifies there may only be one DPS for any given premises.
What is meant by “Responsible Authorities”?
"Responsible authorities" are agencies such as the police, fire authorities, health and safety and environmental health authorities, and others, who will be notified of every application for a new premises licence, or variation of existing licences. They will have the opportunity to make representations to the licensing authority about the effect on the promotion of the licensing objectives of the application.
What if I wish to complain about a licensed premises?
If you experience noise or other disturbances, first speak to your neighbours and find out if they are having similar problems. Then contact the business itself and try to reach a solution; most will want to resolve any problems. If this fails, you should:
- Contact the Licensing Team (01344 352000 or email licence.all@bracknell-forest.gov.uk) who can investigate your complaint and speak to your local councillor who can represent you
- Keep a diary detailing the problems (date, time, what happened) and if it is a serious incident contact the police straight away
- You will need to be prepared to present your views to the Council's Licensing Committee
More information is available on making an application for review.
How do you make representations, i.e. object to a licence application?
The Act also enables residents and businesses in the vicinity of the premises (interested parties) to make relevant representations about any application for new or for variations to licences. For a representation to be relevant it must be one that is about the likely effect of the application on the promotion of the four licensing objectives. Also, if the representation is made by an interested party it will not be relevant if the licensing authority considers it to be vexatious or frivolous.
All interested parties and responsible authorities will have a period in which they can make representations to the licensing authority about the application. If the licensing authority considers that the representations are relevant it will hold a hearing to consider those representations (unless all agree that this is unnecessary). The licensing authority will then have choices as to how it proceeds depending upon what is necessary for the promotion of the licensing objectives.
Can a policy statement rule out granting more licences in areas where there is already a high concentration of pubs and bars?
The licensing authority can adopt a special policy for a particular area, if, after following the steps set out in the 2003 Act, and having regard to the Guidance to licensing authorities, it is satisfied that it is appropriate and necessary to do so because ‘cumulative impact’ would affect the licensing objectives. Applicants for new premises licences or material variations would normally be refused, if relevant representations to that effect are received, unless it can be shown that the operation of the premises involved will not add to the cumulative impact already being experienced. Applications must still be considered on their individual merits, however, but applicants would need to address the special policy issues in their operating schedules to demonstrate how they would not add to the cumulative effect already being experienced.
 |
