The Licensing Act 2003 introduced a new licensing system administered by the local authority in its capacity as the Licensing Authority for its area, and amalgamated six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafe). The Act came into force on the 24th November 2005.
The following activities are required to be licensed:
The purpose of the new licensing system is based on the promotion of four ‘licensing objectives’:
In carrying out its licensing functions, a licensing authority must also have regard to:
Any premises or land that holds licensable activities must apply for a Premises Licence. The licence is granted for the life of the premises, until it lapses or it is surrendered.
Any person over 18 years old who is carrying on or proposes to carry on a business that involves the use of the premises can apply for the Premises Licence, for example a tenant, owner or a Limited Company.
Where a Premises Licence authorises the sale of alcohol the premises must have a Personal Licence Holder named as the Designated Premises Supervisor.
To make and application for a new Premises Licence you will be required to submit the following to the Licensing Division:
A full copy of the application must also be submitted to the Responsible Authorities. The applicant must also advertise the application by placing a “blue notice” in the window of the premises for the 28 day consultation period and place one advert in the local newspaper.
If no representations are received during the consultation period the licence is granted. If representations are receieved the application is referred by the Licensing Committee for determination.
After an application has been granted there may arise times when a licence needs to be amended. For example when a business is sold or an employee acting as the Designated Premises Supervisor leaves or a premises undoergoes re-furbishment. For further information please contact the Licensing Section.
A non-profit making members club can apply for a Club Premises Certificate to allow them to provide regulated entertainment and supply alcohol to their members. Qualifying clubs may include Royal British Legion, working men's clubs, sports clubs, etc. A qualifying club applying for a Club Premises Certificate does not need a personal licence holder identified as a designated premises supervisor.
The fee for a new Premises Licence or Variation Application are based on the rateable value. The fee structure is set by the government, not the Council.
Temporary Event Notices may be given for carrying out licensable activities on a temporary basis - for example, a 'one off' or occasional event where an activity will last not more than 168 hours and is for not more than 499 people.
The Temporary Event Notice (TEN) must be received by the Council and the Police at least 10 clear working days before the function. Current guidance states "Ten working days notice means ten working days exclusive of the day on which the event is to start, and exclusive of the day on which the notice is given".
It is recommended that applicants submit their TEN a month beforehand. The Police and the Council's Environmental Health Department can object to the TEN based on any of the four licensing objectives, where no objections are received the function can go ahead. In the event that the Police and/or Environmental Health object to the TEN, the application will be referred to the Licensing Committee for determination.
A "Late TEN" is a TEN that is submitted between 5 and 9 clear working days before the day of the function. The Police and Environmental Health Department can also object to a Late TEN under any of the four licensing objectives. If no objections are received the event can go ahead, if any objections are received a counter notice will be served and the application will be refused.
For further information on the limits and how to apply for a TEN please contact the Licensing Section.
All the official application forms and guidance including Temporary Event Notices, are available from GOV.uk To make an online application please use the links on the right hand side of this page.