Index:

Changes to Licensing Laws

In July 2003 the Governments radical reform of England and Wales licensing laws received Royal Assent. The new Act completely overhauled the previously separate regimes covering "liquor", public entertainment, theatres, cinemas, late night refreshment houses and night cafes into a single unified regime. The intention being to provide greater freedom and flexibility for the hospitality and leisure industry, with an emphasis on greater consumer choice. The reform also introduced tougher powers for the police, the courts and licensing authorities, which also provide for a proportional response if problems arise at particular premises.

How the Licensing Act will come into effect

The Licensing Act 2003 will took effect and replaced the previous licensing laws in November 2005.

The Licensing Act 2003 is based upon promotion of the following four Licensing Objectives:

  • the prevention of crime and disorder
  • the prevention of public nuisance
  • public safety
  • the protection of children from harm.

When determining applications for licences the Council can only consider matters that will impact on one or more of these licensing objectives.

The Council has a duty to publish a Statement of Licensing Policy that sets out the way in which the Council intends to carry out its functions under the Act. The statement of licensing policy must be reviewed every three years.

» View the Council's current Statement of Licensing Policy (97.98KB PDF file)

The Statement of Licensing Policy Review is due for consultation later this year. If you would like to be consulted, please contact the Licensing Service.

Under the Licensing Act 2003, any of the following "licensable activities" require a licence:

  • the sale of alcohol;
  • the supply of alcohol to members of registered clubs and their guests;
  • the provision of "regulated entertainment" to the public, or to club members or their guests, with a view to making profit;
  • the supply of hot food or drink between the hours of 11pm and 5am, for consumption on or off the premises (this will include mobile food vans).

"Regulated entertainment" includes the performance of a play, an exhibition of a film, an indoor sporting event, a boxing or wrestling entertainment, a performance of live music, any playing of recorded music, a performance of dance and the provision of facilities for making music or for dancing.

One of the key elements of the Act was the removal of licensing hours. Premises are able to sell alcohol or provide regulated entertainment at any hour of the day (subject to the licensing objectives not being compromised).

A premises licence is required for premises, including sites in the open air, where any of the licensable activities are going to take place. If alcohol is to be sold, then the premises must have a designated premise supervisor responsible for all sales of alcohol made on the premises. This person must be the holder of a personal licence and their name will be endorsed on the premises licence.

Once granted, a premises licence will last in perpetuity. However, the Licensing Committee can review it at any stage, upon request by an authorised person or interested party because of a matter arising at the premises in connection with any of the four licensing objectives. The Licensing Committee can then impose conditions that promote the licensing objectives, for example requiring noise control measures in order to control public nuisance.

A personal licence is needed by anyone who wants to allow the retail sale of alcohol as part of his or her business. Personal licences are valid for 10 years, unless surrendered, revoked or suspended, and holders are authorised to sell alcohol anywhere in the country at premises that have a valid premises licence. A personal licence holder must have an accredited qualification from an organisation such as the British Institute of Innkeeping. Applications for a personal licence may be made to the council for the area in which the applicant lives. This council will then be responsible for continuing to issue this licence even if the holder moves away from the area.

To qualify for a personal licence applicants must be:

  • Over 18
  • Not have any of the relevant criminal convictions outlined in the Act
  • Possess an approved licensing qualification.

Personal licences are valid for 10 years. There will be various duties on holders of personal licences, and the court can forfeit their licence if they are convicted of various offences.

A club premises certificate is required for club premises for the supply of alcohol to members and their guests or the provision of regulated entertainment for social and other types of clubs. It is similar to a premises licence, except that no personal licence holder is needed.

Temporary event notices are intended for one-off events where a premises licence is not held. (For example school activities, charitable and community events), and will replace the existing 'occasional permissions or licences' systems. They will be for events that include "licensable activities" which:

  • Last no longer than 96 hours
  • Have no fewer than 500 people present at any time.

Such events will not need permission from the police or the licensing authority. However, the police can object on the grounds of preventing crime and disorder, in which case there would be a hearing by the Licensing Committee, otherwise the notice would be acknowledged by the Council and the event will be able to proceed.

There are restrictions upon the number of temporary event notices:

  • That one person can serve (50 for a personal licence holder but only 5 for anyone else)
  • Held at any particular premises (12 times in a calendar year for a maximum aggregate time period of 15 days).

Applications for premises licences or club premises certificates must be advertised and in addition must include a plan of the premises, and a full operating schedule.

The operating schedule must provide details of the designated premises supervisor, and the steps the applicant proposes to promote the licensing objectives. It should include details such as descriptive information about the premises, a statement of the proposed relevant licensable activities, details of any risks associated with the location, size, opening hours, controls on capacity, soundproofing, door supervisors etc and must state what controls are proposed.

If such applications from such premises attract objections (either from authorised persons or interested parties), the Council's Licensing Committee will decide the application. However, if there be no objections the variation will be automatically granted.

Applications for variations must also include an operating schedule.

Background information

Contact us

Environmental Health
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow  E17 4JF

email wfdirect@walthamforest.gov.uk
tel 020 8496 3000