Licensing Act 2003 policy
B. Policy Statements: Part five
22. Applicants for Premises Licences - See previous information on EU Services Directive
22.1 Any person aged 18 years or over who is carrying on or who proposes to carry on a business that involves the use of premises for licensable activities may apply for a premises licence either on a permanent basis or for a time-limited period. "A person" in this context includes a business or partnership. Where the premises are, for example, a managed public house the licensing authority will expect the applicant for a premises licence to be the pub operating company, as the manager (as an employee) would not be able to do so. The same applies to premises such as cinema chains and fast food restaurant chains where the managers, will, similarly, be employees of the operating company.
22.2 However, in respect of most leased public houses, a tenant may run or propose to run the business at the premises in agreement with the pub operating company. In such a case it will not be a matter for the licensing authority to decide who should apply for the premises licence but a matter for the tenant and the operating company to agree contractually.
22.3 Applications for premises licences must include:
(a) The required fee;
(b) Operating schedule;
(c) Scaled Plan of premises;
(d) If the application involves the supply of alcohol, a form of consent from the Designated Premises Supervisor.
22.4 The licensing authority also request that a copy of the notice to be displayed on the premises together with a copy of the local newspaper notice. This must be done before the expiry of the 28- day period for representations to be received. Failure to do so may be raised if the matter proceeds before the licensing committee.
22.5 The Operating Schedule must include:
(a) The licensable activities to be conducted on the premises;
(b) The times during which it is proposed that the licensable activities are to take place;
(c) Any other times when the premises are to be open to the public;
(d) Where the licence is required only for a limited period, that period must be specified;
(e) Where the licensable activities include the supply of alcohol, the name and address of the individual to be specified as the Designated Premises Supervisor;
(f) Where the licensable activities include the supply of alcohol, whether the alcohol will be supplied for consumption on or off the premises or both;
(g) The steps which the applicant proposes to take to promote the Licensing Objectives.
22.6 All applicants are encouraged to liaise fully with all responsible authorities BEFORE completing their operating schedule and submitting their applications to the Local Authority.
22.7 All applicants who intend to be involved with the sale of alcohol are encouraged to join and actively participate in such schemes as Pub Watch/Off Watch/Best Bar None (or equivalent schemes) (Wherever applicable)
23. Representations in respect or Premises Licences
23.1 Both 'other persons' and 'responsible authorities' are entitled to make representations to the licensing authority on applications for the grant, variation or review of premises licences (see Appendix 1 for definition of 'other persons' and 'responsible authorities').
23.2 The licensing authority will only take into account representations which are relevant. A representation would only be relevant if it relates to the likely effect on the grant of the licence on the promotion of at least one of the licensing objectives. The licensing authority will not take into account any representations from other persons that are frivolous, vexatious or repetitious. It is for the licensing authority to determine on its merits whether any representation by another person is frivolous, vexatious or repetitious. The interested party making representations may not consider the matter to be frivolous or vexatious, but the test is whether the licensing authority is of the opinion they are frivolous, vexatious or repetitious.
23.3 Since the introduction of the Policing and Crime Act 2009 the list of bodies that can make representations has been extended to include - "a member of the relevant Licensing Authority Public Health Department and Home Office.
24. Variations to Premises Licence
24.1 The Licensing Act 2003 sets out the situations where an application can be made to the details on the Premises Licence including changing the name of the Designated Premises Licence Supervisor
24.2 Under the Minor Variation process the applicant is not required to advertise the variation in a newspaper or copy it to the responsible authorities. However, the applicant must consult in the locality by displaying a WHITE notice at the premises (rather than the BLUE notice required for full variations or applications for new premises licences) for a shorter period of 10 working days starting on the day after the minor variation application was submitted. Full details on how to make an application for a variation whether under the minor variations procedure or the full variation procedure can be found in the Licensing Act 2003 and Section 182 Guidance.
24.3.1 In accordance with the Government recommendation the decisions on minor variations will be delegated to licensing officers. Applicants are advised to contact the Licensing Department prior to submitting applications in order that advice can be sought on whether an application can be dealt with under the minor variations procedure or not.
25. Club Premises Certificates
25.1 "Qualifying" Clubs are organisations where members have joined together for particular social, sporting or political purposes and then combine to buy alcohol in bulk as members. There are therefore technically no sales by retail of alcohol by the club at such premises.
25.2 In order for Qualifying Clubs to supply alcohol and provide other licensable activities on club premises, a Club Premises Certificate is required. There is no requirement to specify a Designated Premises Supervisor.
25.3 Qualifying conditions are specified in Sections 61 to 64 of the Act and the Licensing authority must be satisfied that these conditions have been met.
25.4 The Licensing authority will require the Club to produce an operating schedule which demonstrates how it will promote the Licensing objectives.
25.5 The Licensing authority will require the Club Secretary's contact details to be readily available in the event of an emergency.
26. Temporary Event Notices
26.1 Section 100 of the Act states that the organiser of a temporary event must give the licensing authority notice of the event.
26.2 Section 100(7) of the Act states that the organiser must give the licensing authority a minimum of 10 working days' notice. However, in a significant number of cases this time period would not allow enough time for the organiser to liaise with Environmental Health, the police and the relevant licensing authority officers to ensure that the event goes ahead safely with minimum disturbance to local residents.
26.3 The licensing authority recommends that temporary event notices are received by the licensing authority and the police at least 28 days before the planned event. This will ensure that full discussion can occur between the organiser and any other interested parties in order that the event can take place with the minimum risk of crime and disorder, public nuisance and to the health and safety of staff and customers.
26.4 Additionally, the licensing authority recommends that temporary event notices are not served on the licensing authority, environmental health or the police any more than 3 months before the event is due to take place.
26.5 Section 107 of the Act states that a personal licence holder may hold up to 50 Temporary Events each year and a person who is not a personal licence holder may hold up to 5 such events. Each Temporary Event may now last for up to 168 hours and an individual premise may hold up to 15 such events per year so long as the total number of days used for these events does not exceed 21 (see 26.6). The maximum number of persons allowed on the premises at the same time during the temporary event is 499 inclusive of staff and performers.
26.6 Late Temporary Event Notices were introduced by the insertion of section 100A into the Licensing Act 2003 by the Police Reform and Social Responsibility Act 2011. This Act also changed some of the limits regarding standard Temporary Event Notices - see 26.5.
26.7 A Late Temporary Event Notice must be submitted to the Licensing Authority and other bodies no later than 5 working days before the event (not including the day of the event) but no earlier than 9 working days before the event.
26.8 The Police Reform and Social Responsibility Act 2011 also now permits Environmental Health to be consulted as a Responsible Authority for Temporary Events as well as the Police. Both parties have three working days to raise representations. Late TENs which attract objections which cannot be resolved between the applicant and Police and/or Environmental Health will effectively be refused as there is insufficient time to facilitate a hearing.
27. Live Music, Dancing and Theatre
27.1 In its role of implementing local authority cultural strategies, the licensing authority recognises the need to encourage and promote live music, dance and theatre for the wider cultural benefit of the community, particularly for children. In this context the licensing authority is aware of the provision of Article 15 of the International Covenant on Economic, Social and Cultural Rights (1976) which require that progressive measures be taken to ensure that everyone can participate in the cultural life of the community and enjoy the arts.
27.2 When considering applications for such events and the imposition of conditions on licences or certificates, the licensing authority will carefully balance the cultural needs with the necessity of promoting the licensing objectives.
27.3 Consideration will be given to the particular characteristics of any event, including the type, scale and duration of the proposed entertainment, especially where limited disturbance only may be caused.
27.4 The licensing authority will monitor the impact of licensing on regulated entertainment, and particularly live music and dancing in the interests of promoting a broad range of entertainment for the community.
27.5 Applicants will have mind to the fact that when determining whether a performance of live or recorded music is considered to be regulated entertainment or incidental to another licensing activity the Local Authority will have regard to amongst other things:
- The Frequency/Regularity of events
- Whether the performance would act as an inducement to customers
27.6 The licensing authority will seek to Licence appropriate public spaces for the provision of entertainment.
28. Provisional Statements
28.1 Where premises are being or are about to be constructed for the purpose of being used for one or more licensable activities or are being or about to be extended or otherwise altered for that purpose (whether or not they are already being used for that purpose) a person (aged 18 years or over) may apply for a provisional statement if they have an interest in the property.
28.2 An application for a provisional statement must be accompanied by a schedule setting out those details required by section 29 of the act on the prescribed form.
28.3 Applications for provisional statements will be dealt with in a similar manner as applications for premises licences. Hearings will be held if relevant representations are made