Changes to licensing law:

The Licensing Act 2003 is now fully implemented with new licences being granted to replace all existing liquor and Entertainment Licences in favour of a single premises licence. Where alcohol is sold, it is necessary for someone who holds a personal licence to be present to authorise the sale. There is also a new Club Certificate and a notification process for small short-term events, called a Temporary Event Notice. The Act also requires premises supplying hot food and drink, including for the first time take-aways, after 11.00pm to be licensed.
The Licensing Act 2003 enables licensees to apply for more flexible opening hours with regard to the sale of alcohol as licensing hours will no longer be fixed.

Under the new Act, a licence is required for any of the following:

• Retail sale or the supply of alcohol
• Performance of a play
• Exhibition of a film
• Indoor sporting events
• Boxing or wrestling events
• Performing live music
• Dancing
• Providing facilities for making music or dancing
• Supplying hot food or drink between 11.00pm and 05.00am

The City Council is the licensing authority for its area, dealing with all licensing functions relating to the above-mentioned activities. The Council must have regard to the Government’s statutory guidance when dealing with its licensing responsibilities and has been required to prepare a Licensing Policy, which explains the factors that the Council will consider when examining applications for licences and for monitoring compliance with licence conditions. The Act, the statutory guidance and the policy seek to achieve four main objectives, which have equal importance;

• Preventation of crime and disorder
• Protection of children from harm
• Protection of public safety
• Prevention of nuisance

When determining applications for licences the Council can only consider matters that will impact on one or more of these licensing objectives.

Premises licences, once granted, will last for the life of the business and will therefore not require to be renewed. However where premises create problems which impact on the four licensing objectives (see above) anyone can ask for a licence to be reviewed by the Council. If the objections are upheld the Council will have power to restrict a licence, apply additional conditions or unltimately remove licences.
Reviews may be called for example where their is evidence of ongoing nuisance despite action by the Council’s Environmental Protection Team; or where the Police or Council Officers bear witness to breaches of licence conditions. In any case, there MUST be evidence in support of requests for review. The Council has the power to dismiss objections that it considers “vexatious”, “repetitive” or “frivolous”.
Applications to licence premises will have to be accompanied by various documentation - including scaled plans, and an Operating Schedule which will give details of the proposed licensable activities, including whether or not alcohol is to be sold, the type of regulated entertainment to be provided, the hours they propose to open and how they intend to satisfy the four licensing objectives.

Personal licences

Personal licences are needed by anyone who supervises the sale of alcohol in any premises - including pubs, off-licences, restaurants, and hotels. Applications for a personal licence may be made to the Council for the area in which the applicant lives.
To qualify for a personal licence applicants must be:

• Over 18
• Not have any of the relevant criminal convictions outlined in the Act
• Possess an approved licensing qualification. (Existing holders of liquor licences will be exempt from this requirement).

Personal licences will be valid for 10 years. There will be various duties on holders of personal licences, and the court can forfeit their licence if they are convicted of various offences.

Temporary and occasional events

Licences will not be needed for small events where less than 500 people are likely to attend, and which last for less than 96 hours, at a time.
The organiser must however, send a Temporary Event Notice to the Council and the police at least 10 days before the date of the event. The police can if they wish, issue within 48 hours, an Objection Notice if they consider that the event will undermine the crime and disorder objectives. No other body or person has a right of objection. If no objection notice is served the event can take place without a licence needing to be issued. There are limitations on how many times the same venue can be used for temporary events and on the number of times the same person can apply for a temporary event irrespective of the venue.

Criminal Justice and Police Act 2001. Alcohol Consumption in Public Places.

For more information please contact the Licensing Team on 0191 2783864.