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Licensing

Broadly speaking some form of licence is required for the following activities:-

  • The sale or supply of alcohol
  • The provision of public entertainment
  • The provision of late night hot food and drink

There are two types of licences to cover the location from where alcohol is to be sold, namely a Premises Licence or a Temporary Event Notice. There are similar provisions for registered clubs.

A Personal Licence entitles an individual to sell or supply alcohol and to act as Designated Premises Supervisor (DPS) on a premise that has a Premises Licence.

What is a Temporary Event Notice?

Strictly speaking not a licence but a notice given by an individual or an organization when licensable activities are required for a temporary event at a premise ie a party, a charitable event or a similar function to be held at a premise that doesn’t already have a Premises Licence. The notice has to be served, within strict time limits, on the Licensing Authority and the Police, and only the Police can oppose such a notice and then only on the grounds of concerns about crime and disorder.

What is a Personal Licence?

A Personal Licence is granted to an individual who has obtained the necessary qualification, has the appropriate CRB certificate and has completed the appropriate application form. Once granted by the Licensing Authority they last for ten years. A Personal Licence is not required by everyone who works in licensed premises, or who wants to operate a Temporary Event Notice but is required if an individual wishes to act as Designated Premises Supervisor (DPS) or wishes to have more than five Temporary Event Notices in any one year.

What is a Premises Licence?

A Premises Licence is an authority granted by a Licensing Authority to permit the sale and supply of alcohol, the provision of public entertainment and other licensable activities and/or the provision of late night refreshment from a premise that may be either permanent or temporary.

How do I apply for a Premises Licence?

The application form, which currently runs to 22 pages must be completed and served on the appropriate Licensing Authority and seven other responsible authorities, together with certain other required documents. It must set out the licensable activities you wish to carry out ie the sale and supply of alcohol, the provision of regulated entertainment which includes films, plays, music, dancing, sporting events etc, or the provision of late night refreshment. It also sets out the hours you wish to be open to the public and also contains an operating schedule (see below).

What hours can I apply for?

You can apply for a licence to cover any period up to and including 24 hours a day. There no longer any such thing as set permitted hours. However representations or objections may be made by responsible authorities or other interested parties if they have concerns about the duration of the licence (see below). A licence is only required for the provision of late night refreshment between the hours of 23:00-05:00 hours.

What is an operating schedule?

An operating schedule is a section of the application in which you set out the steps you intend to take to promote the four licensing objectives namely:-

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

It needs to be carefully drafted as its contents will form the conditions attaching to your licence, and breach of such conditions can lead to prosecution.

Who do I have to inform about my application?

In addition to serving the application on the authority and the interested parties it must also be advertised on the premises for 28 days and in the local press

Who may object to my application?

Objections or representations may be received from any of the responsible authorities and any individuals or organizations who either live or own a business within the vicinity of the premises.

Can the authority refuse my application?

If no representations are received, or if those which are received have been resolved the authority must grant your licence at the end of the consultation period.

What if there are unresolved representations?

If you cannot resolve the representations then the application must go to a hearing which should take place within 20 working days at the end of the consultation period. After that hearing the Committee may grant the licence as it has been applied for, or amend or impose additional conditions or may refuse to grant it.

Do I have a right of appeal?

Decisions of the Licensing Authority can be appealed, in certain circumstances, to the appropriate local Magistrates Court within the time period provided.

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