Licensing Act 2003

The whole system is underpinned by 4 objectives:

1. The Prevention of Crime and Disorder
2. Public Safety
3. The Prevention of Public Nuisance
4. The Protection of Children from Harm

• In 2005 fixed licensing hours will be abolished. All the new freedoms and flexibilities are balanced by accountabilities, new offences and strong enforcement powers.

• Introduced a unified system of regulation for premises (including registered clubs) through local unitary and district councils. Magistrates courts will lose their liquor licensing responsibilities but will hear appeals against council decisions. Councils as the licensing authorities will also be responsible for gaming machine permits in premises where alcohol sale or supply is permitted

Requirements from Councils

• Set up a licensing committee between 10 and fifteen members. The Charnwood Borough Council will ensure that their approach to probity and member training issues will meet all requirements
• Work in partnership with interested parties
• Public a Licensing Policy Statement and review it every three years. Policies can only be approved after extensive consultation with: trade representatives; public bodies; and representatives of businesses and residents. The Charnwood Borough Council will make use of existing local and borough-wide consultation mechanisms and publish their policy drafts on their websites. The Policy is to be published by January 2005, for implementation in February 2005
• Uphold and promote the 4 licensing objectives and ensure that all licensing decisions relate to them

New Licensing System

• ‘Licenseable activities’ (liquor sale and supply, public entertainment, theatre, cinema, late night refreshment) will be regulated through two new types of licence: the premises licence and the personal licence (club premises certificates for qualifying clubs)
• No licence is required for un-amplified live music/dancing at small premises (less than 200 people) where alcohol on sales (or supply) are licensed provided the entertainment is held between 8.00am and 12.00 midnight. This exemption can be removed by a licence condition where the Council considers if necessary on public safety and/or prevention of crime and disorder grounds
• The Act allows for fees (initial and annual) to be set by the Secretary of State and the Government have said that they will allow for full cost recovery

The Premises Licence

• Permit licenseable activities
• If alcohol sales are included a ‘designated premises supervisor’ must be named, that person must hold a personal licence and all sales must be made or authorised by the holder of a personal licence
• Not be time limited and will remain in force unless surrendered, suspended or revoked

Applicants for premises licences are reminded that, if there is any regulated entertainment to take place in the form of live or recorded music, then there will probably be the need to hold the appropriate licence from the Performing Right Society (PRS) and also the Phonographic Performance Ltd (PPL). They can be contacted by telephone on (PRS) 0845 300 6033, or (PPL) 020 7534 1000, or via their websites - www.prs.co.uk or www.ppluk.com. The same requirements may also apply to applicants for Temporary Events Notices, where there is to be music provided.

Licensees / Applicants

• To promote the licensing objectives
• Make their application in a prescribed way to include an operating schedule a plan and the required fee

The operating schedule must state:

• The licenseable activities and where they will take place operating times
• The name and address of the designated supervisor
• Whether sales are ‘on’ or ‘off’ or both, details (based on risk assessments) of how the licensee intends to promote the licensing objected. In particular ‘precise and clear’ details of how children will be protected from harm must be included

Any conditions imposed by the licensing authority must be consistent with the operating schedule and statutory requirements including the licensing objectives.

Grant or continuation will not be automatic where ‘relevant representations’ are made in which case a committee hearing will take place.

The Personal Licence

• Last for 10 years and be renewable by the original issuing authority
• Permit the holder to sell alcohol
• Must be granted if the applicant is over 18 years, suitably qualified, has no relevant conviction(s), and has not forfeited a licence in the previous 5 years
• Enables the holder to take up new employment without a lengthy transfer process
• A central database will be developed

Transitional Arrangements ‘Grandfather’ Rights

• In the period between the first and second appointed days new and existing licensees can apply for personal and premises licences. Licences issued will remain dormant until the second appointed day
• Current holders of justices licences can apply for a personal licence without the need to provide evidence of a criminal record check or of a licensing qualification because they have already been judged by the Licensing Justices to be ‘fit and proper persons’ to sell alcohol
• All existing alcohol, public entertainment, theatre, cinema and late night refreshment house licences can be converted, subject to the current conditions and restrictions, to premises licences. Approvals in these circumstances are automatic under the so called grandfather rights
• Licensees who are converting will be required to include their existing licence(s) or certified copies with their application

Frequently Asked Questions

Licensing in Charnwood

On 27th June 2005 the Council agreed to a senior management restructuring. As a result of that restructuring the officer with delegated powers to deal with those matters described in section 18.3 of the Licensing Policy is now the Director of Partnerships and Customer Services.

Useful Websites

Liquor Licensing

All information and forms relating to liquor licensing are available to download below:

Temporary Event Notice

Premises Licences

Club Premises

Personal Licences