Licensing Act 2003

      Smoking Ban

In July 2003, the Licensing Act 2003 received Royal Assent.

The Act is a fundamental change to the existing Licensing Laws and will affect:

• Pubs and Nightclubs
• Off Licences
• Hotels, guest houses and other places that sell alcohol
• Those offering regulated entertainment
• Private member's clubs and Social Clubs
• Cinemas
• Restaurants that sell alcohol
• Theatres and amateur dramatic groups
• Businesses offering late night refreshment
• Organisers of temporary events

The Licensing Act 2003 will change the existing laws and the type of licence needed to provide any of the above facilities.

Under the new system:

• A Premise License/Club Premises Certificate will be required where any of the above activities take place (* in certain circumstances only)
• A Temporary Events Notice will be required where premises will be used for these activities during a period not exceeding 96 hours.
• A Personal License will be needed by anyone who wants to sell alcohol.

The Council not the Magistrates Court will issue licenses.

The Act states that all those involved in licensing, Council, Licensees and Statutory Agencies must work together to achieve the Licensing Objectives, which are:

• Prevention of Crime and disorder
• Prevention of public nuisance
• Public safety
• Prevention of harm to children

The Act specifies the process that will lead to the full implementation of the Act. This process starts with publication of the Licensing Policy Statement.  (118.79 KB)

Club premises certificate
A club may apply in respect of any premises, which are occupied by, and habitually used for the purpose of, the club

Any application must be accompanied by the club operating schedule, a plan of the premises in the prescribed form and a copy of the rules of the club. Click here for Application forms)

The club operating schedule should include:

• the qualifying club activities to which the application relates
• the times during which it is proposed that the relevant qualifying club activities are to take place
• any other times during which it is proposed that the premises are to be open to members and their guests
• where the relevant qualifying club activities include the supply of alcohol, whether the supplies are proposed to be for consumption on or off the premises or both
• the steps which it is proposed to take to promote the licensing objectives·

Temporary Event Notice
Where it is proposed to use premises for one or more licensable activities during a period not exceeding 96 hours, under the Licensing Act 2003 the applicant who must be aged 18 or over, must include:

• The type of licensable activity applied for
• The period of the event not exceeding 96 hours
• The times during the event period that the licensable activities will take place
• The maximum number of people that will be allowed to use the premises during the licensable activity (cannot exceed 499 people)
• Where the relevant licensable activity includes the sale of alcohol whether supplies are proposed for consumption on or off the premises or both
• Such other matters as may be prescribed
  

Click here for Application forms

Personal Licence
A personal licence under the Licensing Act 2003 will authorise an individual to sell or supply alcohol from premises, subject of a premises licence. Application forms

To obtain a Personal Licence, an applicant must be:

• Aged 18 or over
• Possess a licensing qualification or is a person of a 'prescribed description'
• No personal licence has been forfeited by them in the last 5 years
• Applicant has not been convicted of any relevant or foreign offence
• The application includes the fee, yet to be fixed by Central Government.

A Personal Licence will last 10 years.

For more information or advice, please contact Customer Services:

Get In Touch - Contact Customer Services

Or visit the Government's website at: www.culture.gov.uk.