When did the new licensing regime start?

The Act became effective on 24 November 2005.

Does the Act apply to the whole of the UK?

No, the Act is applicable in England and Wales only.

Where can I obtain a copy of the Act and related documents?

The Act and Explanatory Notes can be viewed via office of Public Sector Information website http://www.opsi.gov.uk/acts/acts2003/20030017.htm

You can also go to the Department of Culture Media and Sports (DCMS) website at http://www.dcms.gov.uk where there is a specific section on alcohol and entertainment.

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 (Section 1):

  • 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 the 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 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' given in clause 188 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 premises, between the hours of 11.00pm and 5.00am.

What is a Licensing Policy?

The Council must prepare a document called a Licensing Policy. This will illustrate the way the Council intends to carry out its functions under the act and states the criteria it will take into account when determining applications.

How often does a licensing policy need to be published?

Licensing policy statements will need to be determined and published every three years, following consultation with a number of persons as set-out in the Act (Section 5). In between each three year period the licensing authority needs to keep its policy under review and make sure revisions as it considers appropriate.

What Is a Personal Licence?

This is a licence granted to an individual enabling them to supply alcohol or to authorise the sale of alcohol. It is issued by the local authority where the individual normally resides.

How long is a Personal Licence valid?

10 years. Then, the licence holder reapplies to the authority which originally issued the licence irrespective of where they live now.

Is there any qualification requirements for Personal Licences?

Yes 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. The syllabus is available visa the DCMS' website: http://www.culture.gov.uk/global/press_notices/archive_2003/dcms91_2003.htm

A list of accredited personal licence qualification providers can be found on the DCMS website using the link below.

http://www.culture.gov.uk/alcohol_and_entertainment/licensing_act_2003/personal_licences.htm

What is a 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.

What is a Club Premises Licence?

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 or regulated entertainment is only supplied by or on behalf of the club to members and their guests. This will replace the current Club Registration Certificates for social and other types of clubs. It will be similar to a premises licence except that no personal licence holder is needed.

The DCMS has provided guidance notes to applicants in respect of personal and premise licence applications.

http://www.culture.gov.uk/alcohol_and_entertainment/advice_and_guidance/applicants.htm

What is a Temporary Event Notice?

A notice enabling the temporary sale of alcohol or the provision of regulated entertainment or late night refreshment at premises not authorised by premises licence or club premises certificate. No permission is required from the licensing authority for these events provided the prescribed notice has been served on the Council and the police and no objections fare made by the police.

What are the limitations on temporary event notices?

A personal licence holder can only apply 50 times in a year, and only 5 times for all other people.

  • Only 5 temporary event notices can be given in respect to a particular premise in one calendar year.
  • The temporary event cannot exceed 96 hours.
  • A maximum of 500 people can be in attendance at any one time.

What is a 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 is an Operating Schedule?

The operating schedule must be submitted with any new premises licence/club premises licence application, or any application to vary an existing licence. 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 designated premises supervisor; and the steps the licence holder will take to promote the licensing objectives.

What is 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.

Are there any other exemptions?

Yes:

  • Moving vehicles on the public Highway
  • Live television / radio broadcasts
  • Spontaneous music and singing

Where can I find out further information about the Act?

Further information on the Licensing Act is available from the DCMS website: http://www.culture.gov.uk

The above is a simplified version of the new licensing regime and should be considered as a general guide only. Licensees and others affected by the proposals should consult their own professional advisers for more detailed information.

Contact us

Consumer Protection Services
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow  E17 4JF

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