New Licensing Laws

Click To Download Premises application form and Premises application variation form Link

Do you run a public house, an off licence? How about a take away or a mobile food van?. If the answer is 'Yes' you will need a Premises Licence and/or a Personal Licence.

Local Authorities now issue drinks licences.

The Way Forward

The transfer of drinks and takeaway licensing to local authorities took place on 7th February 2005 and the new licences came into force in November 2005.

Fee

Fees have been fixed centrally rather than by local authorities themselves. For Premises Licences and variations to those licence, charges are based on rateable value i.e.

Up to £4,300 is £100; up to £33,000 is £190; up to £87,000 is £315; up to £125,000 is £450; over £125,000 is £635.

[Extra fees apply to large pubs and bars and also to events over 5,000 people].

Qualifying Clubs

Registered clubs (i.e. working men’s clubs and political clubs) are 'qualifying clubs' under the new regime. Some clubs may find that they will benefit from having a Premises Licence.

Licensing Policy

As well as the requirement that we draw up a Licensing Policy, at three year intervals, there is an obligation to keep it under review and to make modifications as appropriate, during each three year period.

Committees

The Licensing Committee is empowered to deal with non licensing matters which have a bearing on a licensing application. Conversely, another committee such as a Planning Committee can hear licensing matters related to something for which it has responsibility. In each case, the committees concerned have a duty to listen to any representations from the committee, which would otherwise have been responsible.

The relationship between Licensing and Planning law will hopefully be clarified, as time goes on.

Objections

'Interested persons' - those who have a right to object - include anyone "involved in" a business in the vicinity, as well as those who live in close proximity.

Public Register

A public register is kept for the licensing function. There is already a list of 28 categories of information, which must be kept in this register and there are powers to add even more.

Delegation

The sections of the Act, which allow for delegation of functions to Council officers leave most things to licensing panels consisting of at least three Members.

Person in Charge

Premises licences cannot be used for the sale of alcohol unless a premises supervisor is named. Nevertheless, sales of alcohol can be made without the supervisor being present as long as the sales of alcohol are under the control of a personal licence holder.

An application to register a new premises supervisor must be approved on a temporary basis, if the applicant requests that it should.

Provisional Approval

When applications are made to local authorities for a 'provisional statement' (in effect, a provisional licence) the application must be accompanied by a schedule of works which the prospective business operator plans to carry out, to meet the licensing objectives.

Where a project has gone ahead on the strength of a provisional statement, we will have to consider an objection from a new resident, even if they knew about the position before they decided to move in.

Review of a Licence

It is be open to residents, Police etc. to ask for a review of a licence at any time. There are safeguards against repeated submission of the same objection.

When a licence review is carried out, a licensable activity can be banned or it can be suspended for up to three months. Operating hours can be changed.

Various parts of the Council (e.g. Child Protection, Planning, Environmental Improvement) can demand a review of a licence but the Licensing part of the Council cannot In other words, the Licensing section cannot tell itself that there is a problem and take the necessary action. Nothing can be done unless 'someone else' expresses concern.

Licence

A summary of the Premises Licence or Club Premises Certificate must be displayed on the licensed premises.

Powers

Local authority officers have a new power to use 'reasonable force' to enter premises. This mirrors powers previously only available to the Police.

‘Authorised persons’ have a power of entry to premises to see if there is a licensable activity taking place or to find evidence that a licensable activity will take place at a later date. They also have the power to check on any conditions attached to the licence. Apart from that, only Police officers have powers of entry to investigate offences.

Procedures

A Club Certificate ceases to be valid as soon as it is handed in. There are no checks to be made and no process to go through before it is officially surrendered.

Licensing authorities cannot make their own decisions to refuse personal licences on the grounds that the applicant has criminal convictions. Only the Police are permitted to express a view and if they do not object, the licence must be approved.

The Licensing Authority will tell the Police about any convictions, so that they can decide whether to object. The Licensing Committee must then decide whether to uphold or reject their objection. The police can object only on the grounds of a conviction.

If a decision is made to approve a licence, having taken into account the criminal record of the applicant, full details of their convictions will nevertheless have to be printed on their licence. Planning Officers and Fire Officers are among the many who can ask to see that licence at any time. There is no apparent mechanism for having these details removed, even when those convictions become spent. There is a facility to replace lost or stolen licences.

Courts have to notify us if someone we have issued with a personal licence is convicted by them of an offence.

Temporary Event Exemptions

Licensable events - even if a commercial sale of alcohol - can be held without any form of licence, by using a Temporary Event Notice. The restrictions are that the 'event' must involve no more than 499 people at a time, Block bookings of up to 96 hours can be made on one Notice but each block booking must be 24 hours apart from the next. The relevant quota for temporary notices must not be exceeded (normally 15 days a year). We are given no powers to set conditions and limitations to Event Notices.

In extreme circumstances the Police will be able to register an objection but the sole basis of that would be the prevention of crime and disorder.

Offences

There is a new legal duty to intervene to prevent disorderly conduct, placed upon everyone on the premises - paid or not - who has been given that job to do.

A drunk or disorderly person commits an offence if they refuse to leave or if they insist on coming back in again.

Keeping smuggled goods on licensed premises is an offence. It was probably tobacco and alcohol which the legislators had in mind but the offence applies equally to things like cameras and gold coins.

Even if someone is let in and served without an age check, there is no offence if it can be claimed that "nobody" would think the person underage. This is fine where that person is a pensioner but it represents a problem if they are only 17.

Anybody under 18 commits an offence if they attempt to buy alcohol. It is also an offence to send a child to fetch alcohol unless they are being sent to fetch it from an illegal outlet!

Police officers can now confiscate sealed containers of alcohol from children if it seems likely that a child will consume the alcohol. Previously, only opened containers could be taken away.

Temporary Closure

A Magistrates court can bar alcohol sales temporarily if the Police advise them that doing so is necessary in order to prevent disorder.

A senior Police Officer can close licensed premises for nuisance, including noise nuisance. If the magistrates uphold a closure order which has been served by a police officer, that automatically triggers a procedure whereby the Licensing Committee must review the licence itself.

The Police cannot be sued for making a closure unless it can be established in court that the closure contravened the Human Rights Act.

Raffles

Charity lotteries are given express permission to offer alcohol as prizes but only on the condition that none of the other prizes are in cash even in tiny amounts. The reason for this restriction is unclear.

Garages

Parliament has argued in the past that garages should not be allowed to sell alcohol because it undermines the drink driving message. In practice, legal loopholes mean there is no real ban.