Glossary

Club Premises Certificate

Authorises the use of premises by a qualifying club for one or more licensable activity

DCMS

Department of Culture, Media, and Sport

Designated Premises Supervisor

Means the person (who must be a Personal Licence holder), in the case of premises selling alcohol, who will normally have been given the day to day responsibility for running the premises by the holder of the Premises Licence this could also be the Premises Licence holder them self  

Entertainment Facilities

Facilities for enabling persons to take part in entertainment.

An Interested Party

• A person living in the vicinity of the premises
• A body representing persons who live in that vicinity
• A person involved in a business in that vicinity
• A body representing persons involved in such businesses

Late Night Refreshment

The provision, between 11 pm and 5 am, of hot food or hot drink, or a section of the public on or from any premises, whether for consumption on or off the premises between 11 pm and 5 am, or

At any time between those hours when members of the public, or a section of the public, are admitted to any premises, a person supplies, or holds himself willing to supply, hot food or hot drink to any persons, or to persons of a particular description, on or from those premises, whether for consumption on or off the premises.

Hot Food or Hot Drink - food or drink supplied on or from any premises is “hot” for the purposes of Schedule 2 to the Act if the food or drink, or any part of it:

1. before it is supplied, is heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient air temperature and, at the time of supply, is above that temperature, or
2. after it is supplied, may be heated on the premises for the purpose of enabling it to be consumed at a temperature above the ambient air temperature.

Licensable Activities and Qualifying Club Activities

• The sale by retail of alcohol
• The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club
• The provision of regulated entertainment
• The provision of late night refreshment
• The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club for consumption on the premises where the supply takes place
• The sale by retail of alcohol by or on behalf of a club to a guest of a member of the club for consumption on the premises where the sale takes place
• The provision of regulated entertainment where that provision is by or on behalf of a club for members of the club or members of the club and their guests

Operating Schedule

Means a document containing a statement including the following matters:

• The relevant Licensable Activities
• The times at which the Licensable Activities are to take place and any other times when premises are open to the public
• Information regarding the person who will be specified in the Premises Licence as the Premises Supervisor
• Where the Licensable Activities involve the supply of alcohol, whether it is for the supply on and / or off the premises
• The steps being taken to promote the Licensing Objectives

Personal Licence

Authorises an individual to supply or authorise the supply of alcohol in accordance with a premises licence.

Authorisation does not imply direct supervision of each sale of alcohol by a personal licence holder. The question arises as to how sales can be authorised in circumstances where the personal licence holder is absent. Government believes the following factors might be relevant in considering whether real authorisation was given.

• the person(s) authorised to sell alcohol should be clearly identified;
• the authorisation should have specified the acts which may be carried out by the person being authorised;
• there should be an overt act of authorisation, for example, a specific oral or written statement given to the individual(s) being authorised; and
• there should be in place sensible arrangements for monitoring by the personal licence holder of the activity authorised by him or her on a reasonably regular basis.

Premises Licence

Authorises the premises to be used for one or more licensable activity

Regulated Entertainment

1. A performance of a play
2. An exhibition of film
3. An indoor sporting event
4. A boxing or wrestling entertainment
5. A performance of live music
6. Any playing of recorded music
7. A performance of dance
8. Entertainment of a similar description to that falling within paragraph (e), (f) or (g) where the entertainment takes place in the present of an audience and is provided for the purpose, or for purposes which include the purpose, of entertaining that audience. Any reference to an audience includes a reference to spectators. This definition is subject to Part 3 of Schedule 1 to the Licensing Act 2003 (interpretation)

Relevant Representation

Is only relevant if it relates to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives. A representation that fails to do so is ‘irrelevant’ for the purposes of the Act.

It is for the licensing authority to determine on its merits whether any representation by an interested party is frivolous or vexatious. The interested party may not consider the representation to be frivolous or vexatious, but the test is whether the licensing authority is of the opinion they are frivolous or vexatious. The licensing authority must determine this and make the decision on the basis of what might ordinarily be considered to be vexatious or frivolous. A trivial complaint would not always be frivolous but would have to be pertinent in order to be relevant. Vexation may arise because of disputes between rival businesses and local knowledge will therefore be invaluable in considering such matters. In borderline cases the benefit will be given to the interested party making the representation. An interested party aggrieved by a rejection of his representations on these grounds may challenge the authority’s decision by way of judicial review.

If the licensing authority decides a representation is relevant then a hearing will be required in relation to that representation unless the authority, the applicant and each person who has made representations agree that a hearing is unnecessary and that the authority take such steps, having regard to the representations and promotion of the licensing objectives.

Residential Area

An area whose character is residential at the material time of day. Where there is doubt, the licensing authority will consider the number of residential units in the area and the proportion of such units to units used for other purposes.

Responsible Authority

• The Chief Officer of Police for any Police area in which the premises are situated
• The Fire Authority for any area in which the premises are situated
• The enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any area in which the premises are situated
• The Local Planning Authority within the meaning given by the Town and Country Planning act 1990 (c.8) for any area in which the premises are situated
• The local authority by which statutory functions are exercisable in any area in which the premises are situated in relation to minimising or preventing the risk of pollution of the environment or of harm to human health
• A body which:
• Represents those who, in relation to any such area, are responsible for, or interested in matters relating to the protection of children from harm, and
• Is recognised by the licensing authority for that area for the purposes of this section as being competent to advise it on such matters
• Any licensing authority (other than the relevant licensing authority) in whose area part of the premises is situated
• In relation to a vessel:
• a navigation authority (within the meaning of section 221(1) of the Water Resources Act 1991 (c.57)) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is or is proposed to be, navigated at a time when it is used for licensable activities
• the Environment Agency
• the British Waterways Board, or
• the Secretary of State
• a person prescribed for the purpose of this subsection

Temporary Event

The use of premises for one or more of the licensable activities during a period not exceeding 96 hours, usually where a premises licence covering the licensable activity is not in place.

Temporary Event Notice

Means a Permitted Temporary Activity involving one or more licensable activities subject to the following various conditions and limitations:

• Duration – they are limited to events lasting for up to 96 hours;
• Scale – they cannot involve the presence of more than 499 people at any one time;
• Use of the same premises – the same premises cannot be used on more than 12 occasions in a calendar year, but are subject to the overall aggregate of 15 days irrespective of the number of occasions on which they have been used, and
• The number of notices given by an individual within a given period of time – a Personal Licence holder is limited to 50 notices in one year and any other person to five notices in a similar period.
• (In any other circumstances, a full Premises Licence or Club Premises Certificate will be required for the period of the event involved)

Terminal Hour

Refers to the time at which authorised licensable activities should cease and the ‘opening hours’ when premises are open to the public is not necessarily the same. The authorisation of a licence relates to the sale or supply of alcohol and not to the consumption. ‘Drinking up time’ no longer applies but applicants would be expected to address this issue when preparing their operating schedules.

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