Licensed Premises and Licensing
Premises
Licensed Premises and Licensing
The Licensing Act 2003 introduced a completely new regime for the sale of alcohol and other “licensable activities”, regulated entertainments and late night refreshment.
Regulated entertainments are:
- performance of a play
- exhibition of a film
- indoor sporting event
- boxing or wrestling
- performance of live music or dance
- playing recorded music
- similar entertainments to the above
- provision of facilities to enable people to take part in music, dancing or similar activities.
Late night refreshment is the provision of hot food or drink between the hours of 11.30 pm and 5 am.
Now it is the local authority that regulates the sale of alcohol, not the licensing justices. Previously a justices' licence was granted to a particular person or persons for specific premises. Now a personal licence is granted to an individual for ten years by the local authority in the area where that person lives regardless of where the premises they operate are located.
Each premises now has a premises licence or in the case of a registered club, a club premises certificate.
The old concept of permitted hours has also been abolished. Application can now be made to carry out a licensable activity 24 hours a day but applications have to be served on at least seven "responsible authorities”, advertised in the local newspaper and a notice exhibited at the premises where it can be conveniently read by the public. Representations (or objections) may be made by any of the responsible authorities or interested parties and this includes businesses situated, or persons living, in the vicinity of the premises.
If agreement cannot be reached then there has to be a hearing before a licensing committee of the local authority. An appeal may be made to a magistrates' court but no further. Previously when licensing justices made the initial decision an appeal could be made to the Crown Court.
Another important change is that premises selling alcohol must have a designated premises supervisor who must also hold a personal licence. No alcohol may be sold where there is no designated premises supervisor or the designated premises supervisor does not hold a personal licence.
If you would like to discuss how we might help you, please:
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call any of our office numbers listed at the bottom of this page;
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contact one of our specialists direct by clicking on their name below; or
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complete our enquiry form
Members of our team specialising in this area:
