Public Entertainments Licensing

The new licensing laws
What you need to know

The Government is reforming the country’s licensing laws.
The LICENSING ACT 2000 became law in July 2003 and the changes in the law will come ful1y into place by the start of 2005. They will affect anyone who is concerned with:-

• Pubs and nightclubs
• Indoor sporting events
• Off-licenses
• Restaurants that serve alcohol
• Businesses offering hot food between 11pm & 5am
• Hotels, guest houses and other places that sell alcohol
• Private members’ clubs and social clubs
• Theatres and amateur dramatic groups
• Cinemas
• Organisers of occasional entertainment events (see below for more details)

This is a general guide to changes in the law. Further Guidance is due to be issued by the Government and some of the information given may therefore change. You may wish to consult your own professional advisers for more detailed information.

The New System

• The Council, not the Magistrates Court, will deal with all of the licenses listed above.
• A Premises License will be required where any of the above activities are going to take place;
• A Personal Licence will be needed by anyone who wants to allow the sale of alcohol as part of his or her business;
• Licensees, the Council and other agencies must all work to promote the Licensing Objectives (see below);

This document provides a brief guide to the main changes.

Premises Licenses
Once granted, a Premises License will last indefinitely. An application will have to be made whenever it is proposed to change the way in which premises are run but there will be no need to apply each year to renew the License.

When applying for a Premises License, applicants will have to submit:-

• A plan of their building
• An Operating Schedule (a brief description of how the premises will he operated safely)
• A fee, expected to be a maximum £500. The Government and not the Council will set the license fees. These have yet to be determined.

The Council will have to grant Licenses unless the application conflicts with one of the four Licensing Objectives. The Council may also impose conditions that promote the Licensing Objectives, for example requiring door supervisors in a nightclub to promote the crime prevention objective, or noise control measures to prevent public nuisance.

If representations are made about either granting or changing a License in any way, the Councils Licensing Committee (made up of Councillors) will have to examine the application.

If you hold a licence now, you will be required to apply for a new licence in due course. Licenses now in force will be allowed to automatically convert to the new system on the same terms as present. Any changes will have to be considered by the Council as a “variation”.

Community Centres, Church Halls etc
Church halls, community centres and village halls may require a Premises License, but will probably be exempt from having to pay any fees. Church buildings and educational establishments may be exempt from licensing requirements altogether.

Musical Entertainment in Small Venues
An application will still need to be made for a Premises License to provide music entertainment, even if there “are no alcohol sales. But where premises have a permitted capacity of not more than 200 persons and the entertainment will take place only between 8:00am and 12 Midnight, then it will not be possible for the Council to impose conditions on the Licence which relate to public nuisance, e.g. sound proofing, provided the music is un-amplified and no other regulated entertainment takes place at the same time.

Objecting to Licenses
Local residents, Ward Councillors, MPs, MEPs. residents’ and business associations may make representations to the Council about the grant of variation of a License. A Licensing Committee made up of Councillors will consider applications if there are objections.

When a License application is first made, copies will have to be sent to the ‘responsible authorities’ — the Police, the Council’s Environmental Health and Planning Departments, and the Fire Authority. In some cases, the Health and Safety Executive must also be notified. Each of these authorities can make comments on the application that can lead to either conditions being imposed or the application being refused.

If someone wishes to appeal against the Councils decision, they will have the right to do so to the Magistrates’ Court.

Provisional Statements
People who are considering opening licensed premises may apply for a Provisional Statement. This allows new premises to be developed in the confidence thai a full Licence will be granted, providing that it is built according to the original Operating Schedule and plans submitted to the Council, and that there have been no material changes in the meanwhile.

Temporary and Occasional Events
If it is proposed to hold a licensable activity in premises which are not already in possession of a Premises Licence, a Temporary Event Notice will be required. A Notice can not be issued for events where more than 500 people are likely to attend, or where the event lasts for more than 96 hours. In these circumstances, a Premises License will be needed. A Temporary Event Notice must be submitted to the Council before an event can be held, and the Police may object to it on crime and disorder grounds.

Personal Licenses
Personal Licenses will be needed by anyone who supervises the sale of alcohol in any premises including – pubs, off-licenses, restaurants, hotels and private members’ clubs.

You should apply for a Personal License to the Council for the area in which you live. This Council will then be responsible for continuing to license you, even if you move away from the area.

Personal Licenses will be valid for 10 years. There will be various duties on holders of Personal Licences, and the Courts can forfeit your Licence if you are convicted of certain offences.

Existing holders of justices’ licences and club registration certificates will be given “grandfather” rights to transfer to a new Personal License. The Police will have the right in any case to object if someone has a relevant criminal conviction.

Someone who holds a Personal Licence will be able to hold up to 50 temporary events a year at other premises that are not licensed. Non-Personal Licence holders will be able to hold up to 5 temporary events a year.

Problems
Sometimes, licensed premises can cause problems. Where this happens the C unc will try and resolve the issues by discussion with all those involved. However, any of the “responsible authorities”, a local resident, or a residents or business association, can apply for the Council to review a license.

Providing a complaint is not frivolous, vexatious or repetitive, a Council hearing will be held to consider the complaint. The Council may decide not to do anything, or to impose extra conditions on the license. It can also suspend either all or part of the license for up to three months.

What Happens Next?
The Council will soon be consulting on its draft Licensing Policy, which sets out how the Council will carry out licensing work for the next three years. It is expected this will be formally adopted in March 2004. The Council plans to set up forums for interested parties to discuss licensing issues in more detail.

More information will be available shortly. In the meantime, if you want to have your say in developing our licensing policy, contact your Council’s Licensing Section.