The new Licensing Act 2003 became operational on 24th November 2005 when it replaced the Licensing Act 1964. All licensable activities must now be authorised by a Premises Licence or TEN. It is an offence to provide these activities without a Premises Licence/TEN being in force.
Premises Licence ?
Licensable Activity ?
1. Regulated Entertainment
2. Providing facilities for Regulated Entertainment
3. Late Night Refreshment
4. Sale of Alcohol
Regulated entertainment is commercial entertainment provided in the presence of an audience, for the purpose of entertaining that audience. It includes:-
The performance of a play; The exhibition of a film; An indoor sporting event; Boxing or wrestling; A performance of live music; Any playing of recorded music; A performance of dance; Entertainment of a similar description (eg a circus will be licensable)
What's that ?
licences and how long
do they last ?
Premises Licences are issued by the licensing authority (ie. the Council) where premises are situated. They last until they are surrendered or revoked but there is an annual administration fee payable to the Council.
Personal Licences are issued by the authority where the individual is ordinarily resident and need to be renewed every 10 years. A Court may order forfeiture or suspension (not more than 6 months) of a Personal Licence. If the Personal Licence is forfeited then you can’t be granted a new Personal Licence for a period of 5 years.
A licensing authority must issue licences with a view to promoting the FOUR licensing objectives. These are:-
1. The prevention of crime and disorder;
2. Public safety;
3. The prevention of public nuisance; and
4. The protection of children from harm.
Licensing Objective ?
The introduction of the Licensing Act saw the abolition of "permitted hours" for sales of alcohol. However, this does not mean that all premises can open 24 hours a day !
In theory though, 24 hour opening is possible.
24 hours a day ?
get a TEN....
What's a TEN ?
Temporary Event Notices - or TENs - may be given to an authority/person notifying the proposed use of premises for one or more licensable activity for a period not exceeding 96 hours. Other limitations apply.
A TEN must be served 10 working days before the event begins and cannot apply where more than 499 persons will be on the premises at any one time.
The police have a right to object to a TEN. The licensing authority must hear the application and police objection at a committee hearing if this is the case.
Individuals managing licensed premises must hold a Personal Licence, which is similar in concept to a driving licence. This licence confirms that the manager of licensed premises selling alcohol has received the correct training to authorise alcohol sales. A person must be nominated as the responsible individual at the premises and this person is called the Designated Premises Supervisor (DPS). There can only be one DPS per premises and this person must hold a Personal Licence.
Personal Licence ?
The sale of hot refreshment (food and/or drink) between the hours of 11.00 p.m. and 5.00 a.m. is a licensable activity known as Late Night Refreshment.
If you are open to trade between these hours and sell hot refreshment you must have a Premises Licence*.
I don't sell beer !
Why do I need a Licence ?
a warrant to search my
licensed premises - right ?
WRONG !!
The Police have the power to enter and search licensed premises at any time if they believe that an offence is taking place or is about to take place
No - it all depends on the abv (alcohol by volume)
0.05% abv = alcohol free
0.5% abv = legal definition of alcohic drink
1.2% abv = low alcohol
The abv should always be displayed on the drink packaging
the same as
alcohol free ?
selling alcohol at car boot sales - how do they do that ?
Unless they have the authority of a Temporary Event Notice or Premises Licence - it is more than likely illegally ! and they risk prosecution with a fine of up to £20,000 and/or 6 months imprisonment
GOOD QUESTION !! and one many people ask
Because that's what the Licensing Act 2003 says, so it's the law !
be one DPS ?
near a football ground - the police say I have to close on derby day ! can they make me ?
YES if the Police feel it necessary to prevent disorder in a specific area a Superintendent or above can apply to the Court for a Closure Order to close ALL licensed premises in a geographical area.
It is not uncommon for the Police to liaise with Premises Licence Holders and obtain voluntary closure.
As of 1st October 2007 the law for selling tobacco changed.
It became illegal for you to sell tobacco products to anyone under the age of 18 (an increase from 16) in England and Wales. The change in law also came into effect in Scotland from the same date.
Products affected include cigarettes, cigars, tobacco for roll your own and pipes as well as rolling papers
buy cigarettes ?
No - the showing of live televised sport is not classed as Regulated Entertainment
in my pub - is that
Regulated Entertainment ?
*Some supplies of hot food and drink are exempt i.e.
1. hot food or hot drink supplied by a registered charity or by a person on the charity’s behalf;
2. hot drink supplied by vending machines (provided money has been inserted by a member of the public and the drink is supplied to him/her);
3. hot food or hot drink supplied free (charges made for entry or other associated items may be considered tantamount to a sale);
4. hot food or hot drink supplied on a vehicle, which is not permanently or temporarily parked at the time;
5. residents (and their guest) staying in hotels, guest houses, hostels, caravan or camping sites or other premises supplying accommodation as their main purpose;
6. employees, for example, where refreshment is made available to shift workers between 11pm & 5am;
Yes, the definition of ‘premises’ states that it means "any place and include a vehicle, vessel of moveable structure". Unlike the previous system, any licensable activity taking place on private or public land will require a licence.
concert - do I need a
licence ?
Ring the experts
we can help you
Telephone: 0161 237 9961
What do I do now ?
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