Alcohol Licensing

The Licensing Act provides a comprehensive scheme of licensing administered by local authorities and enforced between local authorities and the Police.

The purpose of the legislation is to ensure four licensing objectives are upheld-

The prevention of crime and disorder
Public safety
The protection of children from harm
The prevention of public nuisance

How to apply

You can obtain the necessary application form off the DCMS site or apply online (see right) or personally request a form from our Customer Services. Although this Authority currently does not have any licensed pleasure boats in the Borough a licence can be applied for such vessels as for fixed premises on land.

Licensable Activities

There are four licensable activities contained within the Act-

The sale of alcohol by retail.
The supply of alcohol by or on behalf of a club to, or to the order of, a member of a club.
The provision of regulated entertainment.
The provision of late night refreshment.

What is Regulated Entertainment?

Subject to qualifying conditions, and exemptions, the definitions are contained within Schedule 1 of the Act and are:

A performance of a play.
An exhibition of a film.
An indoor sporting event.
A boxing or wrestling entertainment (indoors or outdoors).
A performance of live music.
Any playing of recorded music.
A performance of a dance.

Entertainment of similar description to that falling within the performance of live music, any playing of recorded music and the performance of dance where the entertainment takes place in the presence of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience. This reference to an ‘audience’ also includes ‘spectators’.

Does the Act include outdoors entertainment?

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.

What is late night refreshment?

Late night refreshment, subject to the relevant exemptions, is defined in Schedule 2 of the Act and is broadly, hot food or drink supplied to members of the public, on or from any premises, whether for consumption on or off the premises, between the hours of 11.00pm and 5.00am.

Types of Licences

Personal Licence – This is a portable licence granted to an individual enabling him/her to sell alcohol at premises licensed for the sale of alcohol. The licence lasts for ten years.
Premises Licence – This is a licence granted in relation to specific premises and will specify the nature of the licensable activity and any applicable conditions.
Club Premises Certificate – This is a licence granting ‘qualifying club’ status to specific premises, according to a number of qualifying conditions, including the provision that there are at least 25 members and that alcohol is only supplied by or on behalf of the club.
Temporary Event Notice (TEN) – This ‘notice’ permits the carrying-out of specified licensable activities for a restricted time period (maximum 96 hours). There are a number of further limitations with regard to such ‘notices’ detailed in Part 5, Section 107 of the Act.
Provisional Statement – This is an ‘interim’ statement as regards the provision of a Premises Licence where the premises has not yet been built and provides the investors with some degree of certainty as to the future use of the premises.

What are the qualification requirements for the Personal Licence?

Applicants for a Personal Licence will need to hold a licensing qualification which has been accredited by the Secretary of State. The aim of this provision is to ensure that licence holders are aware of licensing law and the wider social responsibilities attached to the sale of alcohol.

What is a Designated Premises Supervisor?

A Designated Premises Supervisor must hold a Personal Licence and is the person specified on the Premises Licence who is responsible for authorising the supply of alcohol. This person must be readily identifiable and will normally be given day to day responsibility for running the premises.

Exceptions

Live music at small premises (Section 177) – Where there is musical entertainment at premises which have a permitted capacity of not more than 200 persons and are used primarily for the supply of alcohol for consumption on the premises, only licence conditions relating to either crime and disorder or public safety apply to that musical entertainment i.e. those relating to protection of children from harm or public nuisance do not apply to the musical entertainment. However, if there is a review of the licence then the exempted conditions can be applied. Where there is a performance of live music between 8am and midnight (and no other form of regulated entertainment) at such premises then no licence conditions can apply with regard to the musical entertainment unless there is a review of the licence.
Place of Worship (Schedule 1, Part 2 Exemptions) – Premises such as churches do not require a premises licence for activities which would otherwise be classified as ‘regulated entertainment’ taking place at the church.
Garden Fetes, etc. (Schedule 1, Part 2 Exemptions) – Entertainment provided at a garden fete, or similar event, is not ‘regulated entertainment’ and thus requires no licence.

Hypnotism

Hypnotism is not a licensable activity under the Licensing Act 2003 therefore conditions cannot be attached to a licensing act premises licence, nor can a TEN be used for a performance of Hypnotism. This is dealt with under the Hypnotism Act 1952 (as amended). Hypnotism includes hypnotism, mesmerism and any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased but does not include hypnotism, mesmerism or any such similar act or process which is self-induced.

Do I have to apply?

Under the Hypnotism Act 1952 it states that no person shall give an exhibition, demonstration or performance of hypnotism on any living person at or in connection with an entertainment to which the public are admitted, whether payment or otherwise, at any place unless the controlling authority have authorised that exhibition, demonstration or performance.

Exemptions

Nothing in the Hypnotism Act 1952 shall prevent the exhibition, demonstration or performance of hypnotism (otherwise than at or in connection with an entertainment) for scientific or research purposes or for the treatment of mental or physical disease. The need to gain authorisation does not apply to an exhibition demonstration or performance of hypnotism that takes place in the course of a performance of a play (within the meaning of the Theatres Act 1968 or the Licensing Act 2003) given at premises in respect of which a licence under those Acts is in force.

Application Process

You may apply as long as you have not been previously refused or had withdrawn, a consent by any Licensing Authority or been convicted of an offence under the Hypnotism Act 1952 or of an offence involving the breach of a condition regulating or prohibiting the giving of a performance of hypnotism on any person at a place licensed for regulated entertainment under the Licensing Act 2003.

An application for consent to conduct an exhibition demonstration or performance of hypnotism shall be made by the applicant or his/her agent. There is no fee required for this application. There is no prescribed form for this application, however all applications must be made in writing not less than 20 working days before the event is due to take place and must include the following:

Personal details to include, full name and address, contact telephone number and email. Date of birth and stage name if applicable.
Details of membership to professional body. To include full contact details of that organisation.
Details of any refusals/revocation of membership from any professional body.
Details of any refusals or withdrawals of consent for hypnotism from any Local Authority.
Details of convictions under the Hypnotism Act 1952 or relating to the breach of a condition regulating or prohibiting the performance of Hypnotism.
Details of any public liability insurance.
Description of the proposed event including venue details, dates and times of the performance and the nature of the performance.
Details of last three performances of hypnotism to include venue details, date, description of act and contact number of the venue.
Telephone number on which the hypnotist can be contacted for up to 12 hours after the performance. Any other additional information relevant to the application.
This could include details of any minders used for hypnotised subjects Please make the sure the letter is signed by the applicant and dated.

Please note: If you have performed at the same venue within the last three years without any problems the application period of 20 working days may be reduced.

A copy of your application must be submitted to the Chief Officer of Police

Appeals

If you wish to appeal a refusal of authorisation please contact the Licensing Authority.

Licensing Register

Our Licensing Register is maintained at the Civic Centre and is available for inspection during working hours.

Licensing Act Representations

Representation by an Interested Party to applications to vary a premises licence.

The Licensing Act 2003 introduces a licensing system aimed at giving businesses greater freedom and flexibility to meet customers’ expectations, for example by allowing children to accompany adults into premises, and extending or altering opening hours. The new system also aims to provide the necessary protection of local residents whose lives can be affected by noise and anti-social behaviour created by some people who visit licensed premises.

This advice has been put together to assist ‘interested parties’ under the Act, that is:

local residents;
bodies representing people living in the vicinity;
persons involved in a local business in the vicinity; and
bodies representing persons in local businesses;

who feel they may be adversely affected by an applications. It is intended that this guidance will help interested parties become aware of their right to make a representation to the Licensing Authority.

Representations may also be made on behalf of ‘interested parties’ by a representative e.g. MP, solicitor, or a friend.

Interested Parties may become aware of applications through notices displayed at the premises or by the public notice advertised in the local newspaper. These notices include relevant information to do with the application, including time limits in which any representations can be made to the Licensing Authority and of where the full application details can be viewed. In most cases representations must be made within 28 days of the application being made.

Representations must not be frivolous or vexatious and must be relevant to at least one of the four licensing objectives which are:

The Prevention of Public Nuisance
Public Safety
The Prevention of Crime and Disorder
The Protection of Children from Harm

Amicable resolution

If a relevant representation is made, the Licensing Authority as well as the parties concerned can attempt to amicably resolve the concerns. A number of representations have been satisfactorily resolved between interested party's and applicants in the past but where no agreement is reached the application will be decided by a meeting of a Licensing Panel composed of three Councillors.

Licensing Panel

At the Panel hearing the applicant and all parties having made a representation will be invited to comment on their representations. The interested party may choose to rely on their written representation if they so wish rather than attend the hearing.

The Licensing Panel can either decide to:

grant the licence without variation;
reject the application;
vary the licence in accordance with the representation.

If you wish to withdraw any representations you may do so confirming this in writing, providing you do so no later than 24 hours before any hearing, or otherwise orally at the hearing.

Reviews of a licence

If problems arise following the granting of a licence, interested parties can apply for a review of the licence. The procedures followed will be very similar to that of above.