The Licensing Act 2003 has been in force since the 24 November 2005.

The Licensing Act established a single integrated scheme for licensing premises, which are used for the Sale of  alcohol, to provide Regulated Entertainment or the provision of Late night refreshment.

The Act also provides a balanced package of freedoms and safeguards. It has an important role in the prevention of crime and disorder and public nuisance perpetrated by a minority, and gives the responsible majority more freedom and choice about how they spend their leisure time.

Premises Licence  
Any premises or land that wants to hold licensable activities must apply for a Premises Licence. The premises licence is granted for the life of the premises, unless the licence lapses, is surrendered or revoked at a review hearing. The premises licence holder must pay an annual fee to the licensing authority for the licence.

Any person aged 18 years or over who is carrying on or proposes to carry on a business that involves the use of the premises for licensable activities can apply for a  premises licence, for example a tenant, property owner or a Limited Company.

Licensable activities
The following activities are required to be licensed:

• The retail sale of alcohol
• The supply of alcohol by or on behalf of a club to a member of the club
• The provision of regulated entertainment
• The provision of late night refreshment

Licensing Objectives
All applications are based on the four licensing objectives:

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

Submitting an application
The following will be needed:

• A completed application form
• Plans of the premises (scale 1:100)
• A completed consent form for the Designated Premises Supervisor, if required
• The relevant fee

Once the documentation is completed, please forward the originals to the Licensing Service and send copies to all the Responsible Authorities on the same day.

Fees
The fee is based on rateable value. This is called the relevant fee for the premises. The fee structure is set by the government, not the council.

Plans and advertisement
Plans of the premises to which the application relates are required by the council. New applications and variation applications for existing licences must be advertised by the applicant by way of a Public Notice both on the premises and in a local newspaper. Further advice on plans and advertising is available on this website under Application Guidance Booklets.

Provisional statements
Where premises are being built, extended or substantially changed structurally, the necessary investment may not be committed unless investors are assured not only that the project has appropriate planning permission but also that they have some additional assurance that a premises licence would be granted for the premises when the building work is completed. The applicant could be a firm of architects, a construction company or a financier. The application must describe the work to be done and the licensable activities intended to take place on completion. The application must be advertised and copied to the responsible authorities in a similar way to the arrangements for an application for a Premises Licence.

Planning issues
The use of any licensed premises is subject to strict planning controls. There are several key differences between licensing and planning control. The most significant is that planning is concerned with how land is used, whereas licensing is concerned with ensuring that public safety in its widest sense is protected. All applicants should contact the planning department and check the use class of a premises and the hours of operation granted by the Planning Authority prior to making an application for a premises licence.

Consultation
Prospective holders of new Premises Licences and those seeking variations to existing Premises Licences are advised to consult the responsible authorities at the earliest possible stage to reduce the risk of confusion and disputes arising.

Internet and mail order sales
In considering applications for a Premises Licence involving internet or mail order sales, the place from which the alcohol is sent will require the licence: that is, the location of the stock. This means, for example, that a call centre would not be the premises to be licensed but the warehouse from which alcohol is sent would be.

Vessels
Where a Premises Licence is sought in connection with a boat or ship, the primary focus will be on the licensable activities and not the safe navigation of the vessel. This is covered under separate legislation. The Environment agency or the British Waterways Board will be consulted on all applications.

Vehicles
Where a Premises Licence is sought in connection with the sale of alcohol from a vehicle that is parked or stationary, such as a mobile bar providing alcohol or hot refreshment, the application will be considered in relation to the place where the sales are to take place.

Trains and aircraft
Railway vehicles and aircraft on journeys are exempt from the licensing regime. However, defunct aircraft and railway carriages used or converted as restaurants and bars that remain in a fixed position will require a Premises Licence.

Change of Circumstances

Transfer of a Premises Licence
This will often arise when a business involving the licensable activities is sold to a new owner. A transfer of the licence only changes the identity of the holder of the licence and does not alter the licence in any other way. Notice of this application has to be given to the chief officer of police and the council. In the vast majority of cases, transfers will be a simple administrative process and will be deemed granted with immediate effect on the making of an application, until it is formally determined.

This is to ensure there is no interruption to normal business at the premises.

Variation of DPS (Designated Premises Supervisor)
A change of DPS is a variation in terms of the premises licence. However, because of the anticipated frequency of such changes due to circumstances where a DPS suddenly leaves the employment of the premises licence holder, the Act provides that the variation be given immediate effect.

An application must be served on the licensing authority, accompanied by consent from the individual who is nominated as the new DPS. The application must be copied by the applicant to the existing DPS (if there is one) and the to Chief Officer of Police, who may within 14 days object to the proposed appointment where, in exceptional circumstances, he is satisfied that it would undermine the crime prevention objective.

The appointment then becomes valid with effect from the date of application; unless and until there is a successful police objection or the application is withdrawn.

Interim authority
This is issued in special situations, such as when the holder of a Premises Licence dies suddenly or becomes bankrupt or incapacitated in some way. Special arrangements are made for the continuation of the business by applying for an interim authority notice within seven days, beginning the day after the licence lapses. The effect of giving the notice is to reinstate the Premises Licence and thereby allowing licensable activities to continue to take place, pending a formal application for transfer. The maximum period for which an interim authority may have effect is two months. The police can give notice within 48 hours to cancel the interim authority on grounds that it would undermine the crime prevention objective. In such circumstances, the council will hold a hearing to consider the arguments of the parties involved.

Rights of an individual who has a property interest
Any person who has a legal interest in licensed premises can apply (with the relevant fee) to be notified of any licensing matters affecting the property. The notice has effect for a period of 12 months, beginning with the day it is received by the council.
 
Any person who has a legal interest in licensed premises can apply (with the relevant fee) to be notified of any licensing matters affecting the property. The notice has effect for a period of 12 months, beginning with the day it is received by the council.

 Please click on the link below to access the Licensing Act 2003

The Licensing Act 2003

Licensing Act 2003 Explanatory Notes