LICENSING ACT 2003

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LICENSING ACT 2003

• Safety and Licensing Department
• Peter Bourn Safety Licensing Manager (6320)
• Paul Adams Licensing Officer (6357)
• Debbie Wright Licensing Officer (6005)

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LICENSING ACT 2003

• Licensable Activities
• Licensing Authorities
• Premises Licences
• Clubs
• Permitted Temporary Activities
• Personal Licences
• Offences

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PHILOSOPHY

• Greater freedom for operators and users
• Balanced by greater responsibilities
• Tempered by added protection for the community
• Enforced by more powers for statutory
  authorities
• Establishes licensing objectives
• Individuals to be licensed separately from
  premises

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LICENSING OBJECTIVES

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

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LICENSABLE ACTIVITIES

• Sale by retail of alcohol
• Supply of alcohol by, or on behalf of, a club
  other than by way of a sale
• Provision of regulated entertainment
• Provision of late night refreshment between
  23.00hrs and 05.00hrs

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REGULATED ENTERTAINMENT

• In the presence of an audience and provided for
  the
• purpose entertaining that audience
• Performance of a play
• Exhibition of a film
• Indoor sporting event
• Boxing and wrestling

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REGULATED ENTERTAINMENT (Cont.)

• Performance of live music
• Performance of recorded music (other than
  background)
• Performance of dance
• Entertainment of a similar kind

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REGULATED ENTERTAINMENT

• EXEMPTIONS
• Religious services and premises
• Live broadcasts TV
• Films for education, museums or art galleries
• Moving vehicles on a public highway

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LICENSING POLICY

• Each Licensing Authority must, in respect of each
• three year period
• Determine its licensing policy and keep it under
  review and revised as appropriate
• Publish a Statement of Policy
• Formally review the Statement every three years
• Determine and review enforcement policy

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LICENSING COMMITTEES

• Each Licensing Authority must
• Establish a Licensing Committee consisting of at
  least 10 but not more than 15, members of the
  Authority
• From these members the Licensing Committee may
  establish sub-committees sitting as a quorum of
  three
• More than one sub-committee may sit at any one
  time

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LICENSING COMMITTEES

• Responsibilities of Licensing Committees
• The Licensing Committee discharges functions on
  behalf of the Licensing Authority, except where
  it relates to the determination of the Licensing
  Policy or is a non-licensable function
• The Licensing Authority is encouraged to
  delegate certain functions to officers

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PREMISES LICENCE

• PREMISES LICENCE means a licence granted under
• the Act in respect of any premises which
  authorises the
• premises to be used for one or more licensable
• activities
• Premises can mean a building or open space

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ACCOMPANYING THE APPLICATION

• The operating schedule must include
• Relevant licensable activities
• Times these are taking place
• Any other times the premises are open to the
  public

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ACCOMPANYING THE APPLICATION (Cont.)

• Supply of alcohol - information about the
  designated premises supervisor
• Steps applicant will take to promote licensing
  objectives
• Period licence lasts if for a limited period

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ACCOMPANYING THE APPLICATION (Cont.)

• Fee
• A plan of the premises
• The sale of alcohol Form of Consent from
  designated premises supervisor
• Notice to responsible authorities/interested
  parties

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RESPONSIBLE AUTHORITIES

• Fire Service
• Child Protection Services
• Environmental Health (Pollution and HS)
• Planning
• Police

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INTERESTED PARTIES

• A person living in the vicinity of the premises
• A body representing persons living in that
  vicinity
• A person involved in a business in the vicinity
  of the premises
• A body representing persons involved in such
  businesses

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DETERMINING A PREMISES APPLICATION

• If no representations made
• Must grant delegated authority to Officers
• Subject only to conditions consistent with
  operating schedule
• Plus mandatory conditions

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DETERMINING A PREMISES APPLICATION

• If representations made
• Must be relevant to licensing objectives
• Not frivolous, vexatious or repetitious
• Consultation process
• Heard before Licensing Sub Committee

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CONDITIONS

• Conditions should be relevant to the activities
  taking place within the premises
• Conditions can be attached to a licence in order
  to ensure that the licensing objectives can be
  met

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REVIEW OF PREMISES LICENCE

• Request made at any time by appropriate
  person/body
• Full consultation process see next slide
• Heard before Licensing Sub Committee
• Range of sanctions from no action to revocation
• Request for similar review not accepted for at
  least twelve months

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CONSULTATION

• Public notice in local newspaper
• Notice displayed on outside of premises

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PERSONAL LICENCES

• What is a Personal Licence?
• A licence granted to individuals for the sale of
  alcohol. This is a portable licence permitting
  the licence holder to move freely between
  premises that hold a premises licence
• It is only required for the sale of alcohol and
  not for other regulated activities

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PERSONAL LICENCES

• Criteria for Personal Licences
• All applicants must be 18 or over
• Possess an accredited licensing qualification
• No personal licence forfeited in previous 5
  years
• Have no relevant convictions
• Pay requisite fee
• Granted for 10 years

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PERSONAL LICENCES

• Relevant Convictions
• Those involving serious crime
• Those involving serious dishonesty
• Those involving drugs
• Those requiring an entry on the sex offenders
  register
• Breaches of licensing law

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CLUB PREMISES CERTIFICATE

• Available for qualifying clubs (registered
  clubs)
• Supply of alcohol to Club Members and bone-fide
  guests
• No designated premises supervisor required
• No personal licence holder required
• Not subject to closure orders

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TEMPORARY EVENTS NOTICE (TEN)

• Regulation of licensable activities in premises
  (can be open space) not subject to a Premises
  Licence or Club Premises Certificate
• Permission is not required from Licensing
  Authority
• subject to
• No objection from the Police

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TEMPORARY EVENT NOTICE - NOTIFICATION

• To Licensing Authority 10 working days
• Acknowledgement 2 working days
• To Police 10 working days
• Objection by Police 48 hours
• Counter notice by LA Event not authorised
• Hearing required

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TEMPORARY EVENT NOTICE - LIMITS

• Number of TENs per person per year
• 50 personal licence holders
• 5 other people
• For premises 12 per calendar year
• Maximum aggregate duration 15 days
• Duration of TENs 96 hrs 24 hrs between
  functions
• Maximum number of people - 499

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LATE NIGHT REFRESHMENT

• A person provides late night refreshment if
• Between 23.00hrs and 05.00hrs
• Supplies hot food or hot drink
• To members of the public
• On or from any premises
• For consumption on or off the premises
• Exemption
• Clubs, hotels etc. and to employees

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OFFENCES

• Unauthorised licensable activities
• Exposing/keeping alcohol for unauthorised sale
• Allowing disorderly conduct on licensed premises
• Sale of alcohol to person who is drunk
• Obtaining alcohol for person who is drunk
• Failure to leave licensed premises
• Keeping of smuggled goods
• Children sale to purchase for