Licensing Act Questions and Answers

What is the purpose of the Act?

The overall aim is to modernise and combine the legislation governing the sale and supply of alcohol and public entertainment licensing so that:

• various existing pieces of legislation are brought under a single Act;
• licensing decisions are made according to local considerations;
• licensing hours are deregulated (i.e. the current restrictions on the hours when alcohol can be sold are to be removed).

When did the Act come into force?

The Act came into operation on the 24th November 2005.

What are the ‘licensing objectives’?

Licensing Authorities must perform their duties according to the four ‘licensing objectives’ contained in the Act (Section 4).  These are:

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

What are 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.

What types of licence are there?

• 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 – 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.

What are some of the key exemptions in the Act?

• 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.

What is an ‘operating schedule’?

An ‘operating schedule’ is required as part of a premises licence / club premises certificate application.  Whilst the precise detail of each will be slightly different the key details on the ‘operating schedule’ will be: when and which of the licensable activities are planned to take place at the premises; other times when the public will be present at the premises; who the designated premises supervisor is; and the steps the licence holder will take to promote the licensing objectives.

Are the application forms and details of the fees available?

Yes. Our main Licensing page gives more details on these.

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