Licensing Act 2003

The Licensing Act 2003 received royal assent on 10 July 2003. It replaces the current licensing laws and is to come into effect on the 24 November 2005 (second appointed day).

If you hold (or intend to hold) any of the following licences you need to be prepared for the new licensing laws:

• alcohol
• public entertainment (annual or occasional)
• theatre
• cinema
• late night refreshment (including mobile food vans such as those trading outside of nightclubs will be licensable)
• registered members club

Under the new system the following changes to licensing laws will take place in England and Wales:

• flexible opening hours, with the potential for up to 24 hour opening seven days a week
• a single scheme for premises that provide licensable activities

The retail sale of alcohol; the supply of alcohol by or on behalf of a club to a member or guest, the provision of regulated entertainment including theatre, cinema and indoor sport, and the provision of late night refreshment (non-alcoholic) between 11pm and 5am. This will bring together the existing licence regimes, cutting down on red tape.

A new system of premises licences and personal licences, which will allow the sale of alcohol for consumption on or off such premises.

The issuing/granting of licences for all licensable activities will become the responsibility of the Licensing Authority, which will be us.

The Act has four principal licensing objectives:

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

We are currently completing a draft licensing policy for Plymouth City Council based on these objectives, which will form the basis for considering licence applications.

Guidance to the Licensing Act was issued by the Secretary of State for Culture, Media and Sport on 10 July 2004. The draft application regulations with forms, proposed fees and other secondary draft regulations released for public consultation in August 2004.

When this has been received we will finalise our draft policy and consult local business, residents, the police and the fire Authority.

There will be an intervening time period (likely to be nine months from 10 February 2005) to allow the transition from the existing system to take place. During that period premises will continue to operate under the existing system. New licences will not come into force until the end of the transitional period but you will be able to apply during this time.

This page aims to explain the key aspects of the new law and to help ensure licensees (and potential licensees), are prepared for the impact on their business.

Further information and guidance will be provided to Licensees on making their application when the secondary regulations have been approved and circulated.

Premises licence

This licence will be required for any premises where licensable activities take place (the sale of alcohol, public entertainment including cinema, theatre, indoor sport and late night refreshment). The new licence will be of unlimited duration. There will no longer be statutory limitations to the hours or days during which businesses are able to provide licensable activities. It will be our responsibility to decide whether the operating times for which licensees apply are granted and whether conditions to the licence are required to promote the licensing objectives.

All existing licence holders of liquor, public entertainment, cinema, theatre or late night refreshment licences, will need to apply to us for a new premises licence within six months from the start of the transition period. You will automatically be granted a premises licence on the same terms as your existing licence under what is known as the 'grandfathering' provisions if there are no changes to the operation of your premises.

Personal licence

This licence authorises a specified person to supply alcohol or allow the supply of alcohol at a premises that has a valid premises licence. Personal licences are valid for ten years, and will be portable between premises. The government is currently discussing the merits of a central database to hold details of the personal licences, to make portability easier.

All applications should be made through us during and after transition. Personal licences will not come into effect until the end of the transition period.

To apply for a personal licence you will have to contact the local Council where you live and not the Council in the district in which you work.

If you are not named on an existing justices’ liquor license you will need to have an approved licence qualification. The government aims to approve training courses to help ensure personal licence holders are aware of the licensing law and the wider social responsibilities attached to the sale of alcohol. Further information can be found on Department of Culture, Media and Sport website.

If you are named on an existing justices’ liquor licence you will benefit from the Acts 'grandfathering' provisions and automatically be granted a personal licence without having to possess a licensing qualification. You will need to apply to the Council for a personal licence during the transition period.

Temporary event notices

These notices replace the existing occasional licences and relate to:

• temporary events with less than 500 attendees where licensable activities will take place and a premises licence is not held
• licensed premises that wish to vary their licensable activities for an event

If you intend to hold an event with more than 500 attendees, you will need to apply for either a premises licence or a club premises certificate.

Personal licence holders may make up to 50 temporary event notice applications per year for events at premises with no licence or premises holding a licence that does not cover planned activities. If you are a non-personal licence holder you may make up to five applications per year before you will need to apply for a personal licence and obtain an approved licence qualification. Each event may last no longer than 96 hours and there must be at least 24 hours between events. No premises will be granted a temporary licence more than 12 times per year or for more than 15 days per year. Should your requirements be greater you will need to apply for a premises licence or a club premises certificate.

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Before and during the transition period you should continue to apply for occasional licences for liquor at the Magistrates’ Court and public entertainment licences at the Council. After the transition period you will need to apply to the Council, at least ten working days prior to the event, for the new temporary event notices.

Club premises certificate

These certificates will authorise qualifying clubs to use club premises for qualifying club activities.

Definition of a qualifying club: there must be an interval of at least two days between a member's nomination/application for membership and their admission, there must be at least 25 members and the club must be established and conducted in 'good faith', which is determined by the way it is financed.

Qualifying club activities: the supply of alcohol by or on behalf of a club to a member for consumption on the premises, the retail sale of alcohol by or on behalf of a club to a guest of a member for consumption on the premises and the provision of regulated entertainment by or on behalf of a club for its members and guests.

All existing licence holders will need to apply to the Council for a new certificate within six months of the start of the transition period. You will automatically be granted a club premises certificate on the same terms as your existing certificate, under what is known as the ‘grandfathering’ provisions, if there are no changes to the operation of your premises.

The grant of a club premises certificate means that a club is entitled to certain benefits, which include the authority to supply alcohol to its members and sell it to guests without the need for any member or employee to hold a personal licence, and the absence of a requirement to specify a designated premises supervisor.

If you want to apply for a renewal or variation of your existing certificate, or you are applying for the first time, and you require the certificate to take effect before or during the transition period, you should continue to apply through the Magistrates’ Court (Licensing Act 1964 still applies until the end of transition).

Objections and representations

The Police are entitled to object on the grounds of crime prevention to all applications whether you currently hold a licence or not. In which case a hearing will be held by the Council’s licensing committee (which consists of ten elected Local Authority Members), unless agreed unnecessary by the applicant and police.

For new licences and variations to existing licences/certificates, representation can be made regarding the likely effect of the grant of the licence/certificate in relation to the four licensing objectives and/or to the identity of the designated premises supervisor.

These can be made by:

• a responsible authority (Police/Fire Service)
• other interested parties
• any person living in the vicinity of the premises
• any body representing such persons
• any person involved in a business in the vicinity
• and/or a body representing such persons

Representations will not be considered where the Council believes them to be frivolous or vexatious. The licensing committee will consider these representations, taking account of the licensing objectives relative to the Council's policy and may, on this basis, decide to grant, reject or alter the terms of the licence/certificate. You will have a right of appeal to the Magistrate’s Court.

Hearing procedures

We are required to give notice of the date, time and place where the hearings will be held. Hearings have to be held within a specified time of five, seven, ten or twenty working days beginning with the date after which a particular licence process has been completed. Please read the guidance document for more information on the process and procedures carried out for dealing with applications and hearing (see documents table below)

Application and fees

As soon as the application form requirements and the fee levels have been set by the government, they will be available from us.

Application forms

Application forms are available on the Department of Culture, Media and Sport website.

Please note that the information on this page is not legal advice. It is not necessarily comprehensive and will be subject to revision in the event of further government guidance. This advice is not intended to be a definitive guide to, nor substitute for, the relevant law.

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