Licensing: Licensing Act 2003

About the Act

On the 10th July 2003, the Licensing Act 2003 received Royal Assent. The Act marks the end of the existing outdated licensing regimes and introduces new licensing laws for premises selling and supplying alcohol, the provision of regulated entertainment and the provision of late night refreshment.

The changes affect you if you are involved with any of the following:-

pubs and nightclubs
indoor sporting events
off-licences
restaurants that serve alcohol
business offering hot food or drink between the hours of 11pm and 5am
hotels, guest houses and other places that sell alcohol
private members clubs and social clubs
theatres and amateur dramatic groups
cinemas
organisers of occasional entertainments e.g. promoters

The Council have a duty to carry out their functions under the Act with a view to promoting the four Licensing Objectives:-

the prevention of crime and disorder
public safety
the prevention of public nuisance; and
the protection of children from harm

Copies of the main application forms are contained on this website. In addition the Council has also produced the following guides which are designed to assist applicants when preparing their applications:-

Premises Licence

A Premises licence will be required when any place (including sites in the open air) are used for any licensable activities such as:-

The sale by retail of alcohol
The provision of (regulated) entertainment
The provision of late night refreshment

The application will be made to the licensing authority in which the premise is situated and will be accompanied by the following:-

an operating schedule
a plan of the premises
a fee (based on the rateable value of the premises)

The Council will grant a Premises licence unless there is conflict with the four licensing objectives. The Council can also impose conditions on a premises licence to promote the licensing objectives.

Local residents, ward Councillors, MP’s, MEP’s, residents and business associations may make representations to the Council about the grant of, or a change to a premises licence. If representations (objections) are made about either granting or changing the licence in any way, the matter will be heard by the Council’s Licensing Committee for a decision to be made. Representations will not be considered if they are irrelevant or vexations.

A premises licence will last indefinitely unless it is granted for a limited period or is surrendered or revoked. There is no renewal procedure, however an annual fee is payable to the licensing authority.

Personal Licence

A Personal licence will be required to supervise the sale of alcohol in any premises.

Not every person retailing alcohol at a premise licensed for that purpose needs to hold a personal licence, but every sale or supply of alcohol must at least be authorised by a licence holder. The Premises Licence holder must nominate an individual who holds a personal licence as the ‘Designated Premises Supervisor'. This person will then be responsible for every sale of alcohol at the premises.

You can apply for a personal licence to the Council in the area in which you live. This will remain the Council responsible for continuing to license you, even if you move away from the area.

Personal licences will remain valid for 10 years.

The Police have the right to object to a personal licence on the grounds of crime prevention, particularly if the applicant has relevant criminal convictions. To get a personal licence you must:

Be over 18
Not have any relevant criminal convictions
Possess an approved licensing qualification
Possess a recently issued (under one month) criminal record certificate
Pay the fee of £37.00

Qualifying Club Premises

A Club Premises Licence is required for club premises supplying alcohol or providing regulated entertainment to its members and their guests . No personal licence will be required to supply alcohol at a Club Premises and there is no need to have a designated premises supervisor.

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 be classified as a qualifying club in relation to a qualifying club activity, a number of general conditions must be met. These are:

That under the rules of the club, persons may not be admitted to membership, or be admitted, as candidates for membership, to any of the privileges of membership without an interval of at least two days between their nomination for membership and their admission
That under the rules of the club, 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

Exemptions to the Act

There are some key exemptions to being licensed under the Act, these being:-

Places of worship-premises such as churches do not require a premises licence for activities which would otherwise be classified as ‘regulated entertainment’ taking place in a church.
Garden fates etc -Entertainment provided at a garden fete, or similar event, is not ‘regulated entertainment’ and therefore requires no licence.

Temporary Events

Temporary Events Notices will be required when licensable activities are taking place within a restricted time period (maximum 96 hours) with further limitations outlined in Part 5 Section 107 of the Act. The maximum number of people attending an event at any one time is 499.

Personal Licence holders will be able to hold up to 50 temporary events per year.

Non-personal licence holders may apply for a maximum of 5 events per year.

The number of times a temporary event notice may be given in respect of any particular premises is 12 times a year.

The maximum number of days a premises can be used for temporary events per year is 15 days.

Temporary Event Notices must be served on the relevant licensing authority giving a minimum of 10 clear working days notice. Please note: the 10 working days notice does not include the day the notice was received or the day of the event.

Licensing Fees 2008 - 2009

To view the licensing fees please refer to the documents list on the main licensing page.

Our website will be updated on a regular basis. Any questions you may have about the Licensing Act can be sent via email to licensing@eaststaffsbc.gov.uk .

Guidance Documents

The Licensing Team have produced a 'Licensing Act Guidance Document', which explains the application process in more depth including fees, timescales for applications and details of the responsible authorities. Further information can also be obtained by contacting a member of the Licensing Team on 01283 508506.