Liquor Licensing

WHAT IS IT ALL ABOUT?

The Licensing Act 2003 is intended to give greater flexibility for opening hours and effect a reduction in regulation.

On 24 November 2005 the Licensing Act 2003 became fully operational providing only for Personal Licences, Premises Licences and Club Premises Certificates. A Justices Licence issued under the Licensing Act 1964 no longer has any value

There are four "licensing objectives":
The prevention of Crime and Disorder
Public Safety
The prevention of Public nuisance
The protection of Children from harm

CHANGE OF OWNER / MANAGER

It is essential that the Licensing Authority is informed of changes to the Premises License as failure to do so would put the licensed Premises in breach of the law. This is especially the case, for example, if the nominated Designated Premises Supervisor ("DPS") has changed. In the absence of a correctly named and nominated DPS on the Premises License, the illegal sale of alcohol will likely result and the Premises License could well be revoked.

An application to Transfer Ownership should include:-

The fee payable to the Local Authority
A signed consent of the DPS
The copy application to be sent to the police

An application to vary the Premises License in order to nominate a new DPS should include:-

The fee payable to the Local Authority
The signed consent of the proposed new DPS to being nominated as such
A copy of the application to be sent to the police

THE FOLLOWING IS RELEVANT IN RESPECT OF A PERSONAL LICENCE

A personal Licence is required to supervise the sale of alcohol in any premises including Clubs, Off-licences, Restaurants, Hotels, Private Members' Clubs.
It is required for the sale or supply of alcohol on or off any premises having a Premises Licence valid for 10 years.
An applicant must be over 18 years and must not already be disqualified.
An applicant must have a National Personal Licence Holders Certificate (NPLHC) or equivalent. Note that this is not an authority to sell liquor but the qualification required to obtain a Personal Licence.
An appropriate fee is payable to the Local Authority

THE FOLLOWING IS RELEVANT IN RESPECT OF A PREMISES LICENCE

A premises licence is required for both On and Off Licences
Premises currently selling alcohol providing late night refreshments and Public Entertainment need to apply for a Premises Licence.
Entertainment, in this respect (in front of a live audience), includes plays, films, in-door sporting events, boxing/wrestling in-door/outdoor, live music, recorded music, dancing and similar.
There are exceptions e.g. religious meetings and services, garden fetes, pub games and private events not for profit.

An application must include:-

A plan of the Building
An operating Schedule
A Consent of Premises Supervisor
A Fee payable to Local Authority

CLUB PREMISES CERTIFICATE

This replaces the Club Registration Certificate and is available for Clubs where:

There's 2 days Notice for admission to Membership
As long as things are conducted in good faith
The Club has at least 25 Members
The Club is managed by Members elected to Committee who are over 18 years of age.
No profit is made for the supply of alcohol to Members or guests.

An APPLICATION includes

The Club operating Schedule
A Plan of the Premises
The Rules of the Club

Occasional Licences were replaced by:

TEMPORARY EVENT NOTICES, relevant changes are:

Up to 50 per year for Personal Licence holders
Replace existing "occasional permission" and "occasional licences" for temporary events for less than 500 people for "licensable activities" where there is no Premises Licence.
No premises may be used more than 12 times per year.