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Licensing Act 2003

The Licensing Bill received Royal Assent on 10 July 2003 and came fully into force on 24 November 2005. The changes in the law affect anyone who is concerned with:

• pubs and nightclubs
• off licences
• restaurants that serve alcohol
• businesses offering hot food between 11pm and 5am (including takeaways and mobile caterers)
• 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 (see below for more details)
• indoor sporting events.

The Licensing Act 2003 has changed the existing laws concerning the type of licences needed to provide any of the above facilities. Under the new system:

• A premises licence will be required for any place which offers entertainment, refreshment at night and/or alcohol
• A personal licence will be required by anyone who wants to sell or supply alcohol for consumption on or off their premises
• Licensees, the council and other agencies must all work to promote the licensing objectives
• The Police will have greater power to deal with problems and be able to close premises, which are the focus of disorder
• There will be no fixed permitted hours on closing times
• The council, and not the court, will deal with all of the new licences.

Guidance and information

We have prepared a series of fact sheets and guidance notes to assist applicants to make applications under the Licensing Act 2003. See Licencing Downloads.

If you require any further guidance from the police regarding licensing applications they can be reached at 'D' Division Headquarters by ringing 01332 613037. Alternatively you can access the local area police website (opens in a new window) to talk to an officer regarding local issues.

Premises Licences

A Premises Licence can be granted for a business supplying alcohol or entertainment or late night food (on or off the premises)

When applying for a Premises Licence

,

applicants will have to submit:

• a plan of their building
• an Operating Schedule (a brief description of how the premises will be operated safely)
• a fee - the fees are in bands corresponding to your non-domestic rateable value and are set by the Government
• the name of the designated premises supervisor (only for those premises that supply alcohol)

The applicant must advertise his application within a prescribed period.

The four licensing objectives are:

• prevention of crime and disorder
• prevention of public nuisance
• public safety
• prevention of harm to children.

We must carry out its functions under the legislation with a view to promoting the licensing objectives and must issue a licensing statement setting out its policy.

We will have to grant a licence unless it conflicts with one of the four Licensing Objectives. It may also impose conditions that promote the Licensing Objectives, for example, noise control measures to prevent public nuisance.

If representations are made about either granting or exchanging a licence in any way, our Licensing Committee (made up of councillors) will have to examine the application. For further information see Premises Licence.

Club Premises Certificates

The Licensing Act 2003 recognises that volunteer and social clubs give rise to different issues for licensing law than commercially run premises selling direct to the public.
These clubs (such as the Royal British Legion, working men's or cricket or rugby clubs) are generally organisations where members join together for a particular social, sporting or political purpose and then combine to purchase alcohol in bulk for members.
 
The clubs carry on activities from premises to which public access is restricted and alcohol is supplied other than for profit. For these reasons, the 2003 Act preserves aspects of earlier alcohol licensing law which applied to 'registered members clubs' and affords clubs special treatment outside the normal premises licence arrangements.

Clubs which meet specified criteria set out in the 2003 Act are known as 'qualifying clubs' and the authority under which they may supply alcohol and conduct other 'qualifying club activities' from their premises is a club premises certificate issued by the licensing authority. The grant of a club premises certificate means that a club is entitled to certain benefits, which include the authority to supply alcohol to its members and sell it to guests without the need for any member or employee to hold a personal licence, and the absence of a requirement to specify a designated premises supervisor. There are also more limited rights of entry for the police and other authorised persons, as the premises are considered private and not generally open to the public.

The arrangements for applying for club premises certificates are extremely similar to those in respect of premises licences. For example, similar provisions apply regarding the requirement for advertisement of applications and the making of representations to the licensing authority as apply in the case of applications for premises licences. For further information please see Clubs - Guidance. 

Representations

Local residents, ward councillors, MPs, MEPs, residents and business associations may make representations to us about the grant of, or a variation, in a licence. A Licensing Committee, made up of councillors, will consider all representations as long as they are not irrelevant or vexatious .

When a licence is first applied for, copies of the application will also have to be sent to the responsible authorities i.e. the police, the local environmental health and planning departments, local child protection office and the fire authority.

In some cases, the Health and Safety Executive must also be notified. Each of these authorities can make representations about the application. This can lead to either conditions being imposed or it being refused.

If someone wishes to appeal against a licensing decision, they will have the right to do so to the magistrates' court. For further information on representations please see Current Applications.

Provisional Statements

People who are considering opening licensed premises may apply for a provisional statement.

This allows new premises to be prepared in the confidence that a full licence will be granted, providing that it is built according to the original Operating Schedule and plans submitted to us, and that there have been no material changes in the meantime.

For further information contact the Licensing Department. Application Form available at Licensing Downloads.

Temporary and Occasional Events

Licences will not be needed for small events where fewer than 499 people are likely to attend, and which last for less than 96 hours, at a time.

Someone who holds a Personal Licence will be able to hold up to 50 temporary or occasional events a year at other premises that are not licensed. Non-Personal Licence holders will be able to hold up to 5 temporary events a year.

A Temporary Event Notice must be given to the Council and the police at least 10 working days before an event of this sort can be held. NB This does not include the day of receipt of the Notice by the Counciland the police, or the actual day of the event. The police may object to it on crime and disorder grounds. For further information see Temporary Event Notices.

Personal Licences

To get a Personal Licence you must:

• be over 18
• not have any relevant criminal convictions as spelt out in the Act
• possess an approved licensing qualification
• pay the required fee.

Personal Licences will be needed to supervise the sale of alcohol in any premises including pubs, off-licences, restaurants, hotels and private members' clubs.

You can apply for a Personal Licence to the council for the area in which you live. This will then remain the council responsible for continuing to licence you, even if you move away from the area.

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 any relevant offences.

The police will have the right to object to a licensee on the ground of crime prevention, particularly if someone has a relevant criminal conviction. For further information see Personal Licence.

Review of Licences

Sometimes, licensed premises create some problems. On the rare occasion this happens, we will try and resolve the issues informally. However, any of the responsible authorities, a local resident, or a resident or business association can apply for us to review a licence.

Providing a complaint is not frivolous, vexatious or repetitive, a hearing will be held. We may decide not to do anything, or to impose extra conditions on the licence. It can also suspend either all or part of the licence for up to three months.

For further information please see Problem Premises & Reviews.

Security Industry Authority (SIA)

Door supervisor licences and badges are changing. During 2004 door supervisor licences and badges currently issued by the police and some local authorities will be phased out.

The Security Industry Authority (SIA) has been set up by the Government to issue licences instead. You will then need only one licence to work anywhere in England and Wales.

It will be against the law to work as a door supervisor without an SIA licence.

The SIA will only grant a licence to people who have the right skills and training to do the job, and who can pass a criminal background check.

SIA licences are not being issued yet but anyone wishing to make an application needs to give their details to the SIA now. More information will then be sent to them in time to apply.

Details can be submitted to the SIA on 08702 430 100 or at http://www.the-sia.org.uk/ (opens in a new window).

NB: This information is only intended as a general guide to changes in the law. You should consult your own professional advisers for more detailed advice.

Licensing Applications and Guidance Information

You can download licensing forms and application guidance information from the Licences and Licensing Downloads section. See Licensing Downloads.

For further information on any of  the above please contact the Licensing Department using the details below:

Licensing Department
Erewash Borough Council
The Civic Centre
Derby Road
Long Eaton
NG10 1HU

Email:licensing@erewash.gov.uk

Phone: 0115 9071113

Fax: 0115 9072267

Erewash Borough Council is required by law to protect the public funds it administers. It may share information provided to it with other bodies responsible for auditing or administering public funds, in order to prevent and defect fraud.

Can I find out more?

Department for Media, Culture and Sport (opens in a new window)

Licensing Act 2003 (opens in a new window)

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