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LICENSING ACT 2003 – THE KEY POINTS

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					   LICENSING ACT 2003 –
      THE KEY POINTS
 Licensing to be administered by local
 authorities
 Premises Licence:-
  – Public entertainment (inc. theatres and
    cinemas)
  – Late night refreshment
  – Supply
   LICENSING ACT 2003 –
      THE KEY POINTS
 Personal licenses – authorise the sale
  and supply of alcohol for sale on or off
  the premises
   LICENSING ACT 2003 –
      THE KEY POINTS
 Licensing objectives:-
   – Prevention of crime and disorder
   – Public safety
   – Prevention of public nuisance
   – Protection of children from harm
   LICENSING ACT 2003 –
      THE KEY POINTS
 Licensable activities:-
   – Retail sale of alcohol (on or off sales
     and restaurants)
   – Supply of alcohol in clubs
   – Regulated entertainment
   – Provision of late night refreshment
   LICENSING ACT 2003 –
      THE KEY POINTS
 Regulated entertainment:-
  – Plays
  – Films
  – Indoor sports
  – Boxing or wrestling
  – Live music (but not incidental music)
  – Recorded music (but not incidental music)
  – Dance
   LICENSING ACT 2003 –
      THE KEY POINTS
 Late night refreshment – supply of hot
  food or drink to the public from any
  premises for consumption on or off the
  premises at any time between 11pm
  and 5am
   LICENSING ACT 2003 –
      THE KEY POINTS
 Determination of applications for
  licences – Licensing Committee
 Delegation to sub-committees
 Delegation to officers of unopposed
  applications
 Regulations covering procedures
   LICENSING ACT 2003 –
      THE KEY POINTS
 Personal licenses – authorise sale of
  alcohol in premises with a premises
  licence
 Valid 10 years
 Granted and renewed by the district
  council of residence of the applicant
   LICENSING ACT 2003 –
      THE KEY POINTS
 Qualifications for a personal licence
 Over 18
 Has a licensing qualification
 Has held a similar licence which has
  not been forfeited within 5 years prior
  to the application
 Has not been convicted of a relevant
  offence
   LICENSING ACT 2003 –
      THE KEY POINTS
 Designated premises supervisor
 Required for premises where alcohol is
  sold (not clubs)
 Must be a personal licence holder
 Must be named on the licence
 Not required to be on the premises
   LICENSING ACT 2003 –
      THE KEY POINTS
 Premises licence
 Valid for the life of the business
 Application sets out full terms of operation –
  the “operating schedule”
 Operating schedule are the main conditions
  of the licence
 May be subject to review on application by a
  relevant authority or interested party
   LICENSING ACT 2003 –
      THE KEY POINTS
 Qualifying Clubs
 Must have at least 25 members
 Alcohol only supplied to members for
  the benefit of the club
 2 days between joining and being
  entitled to privileges of membership
 No need for a designated premises
  supervisor or personal licence holder
   LICENSING ACT 2003 –
      THE KEY POINTS
 Permitted temporary activities
 No need for premises licence or
  personal licence if:-
   – Event will not exceed 96 hours AND
   – Will not be attended by more than
     499 people
   LICENSING ACT 2003 –
      THE KEY POINTS
 Notice of temporary activity to be given to
  the Council and police at least 10 working
  days before the event
 Only police can object on grounds of crime
  and disorder
 If police object Council must hold a hearing
 Temporary events notice must be kept on
  the premises
   LICENSING ACT 2003 –
      THE KEY POINTS
 Transitional provisions
 From 7 February 2005 existing
  licensees may apply
 Personal licence must be granted
  unless police object
   LICENSING ACT 2003 –
      THE KEY POINTS
 Premises licence must be granted
  unless police object
 If an application is also for a variation
  must be granted unless relevant
  authorities or interested parties object
 Where there are objections to personal
  or premises licences the Council will
  hold a hearing
   LICENSING ACT 2003 –
      THE KEY POINTS
 New licences “in limbo” until the
  second appointed day (November
  2005?)
 Old regime continues in the meantime
 On second appointed day old licences
  lapse – if Local Authority licences not
  then held the individual/premises
  cannot trade

				
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