LICENSING ACT 2003
Click here
to view the Northumberland County Council Statement of Licensing
Policy
Licences under this Act cover a wide range of activities and
entertainment, Including:-
Alcohol sales
Late night refreshment (hot food or drink served after
11.00pm)
Cinema
Theatre
Music & Dancing
GENERAL
The Licensing Act 2003 came into force in 2005
and replaced several earlier pieces of legislation that regulated,
among other things, the sale of alcohol and public
entertainment. If you are involved in conducting any
‘licensable activities’ (with some exceptions) you will require the
relevant licence or authorisation
under the Act.
The Licensing Act 2003 defines ‘licensable activities’ as:-
- The sale by retail of alcohol
- The supply of alcohol by or on behalf of a club, to a member of
the club
- The provision of regulated entertainment
- The provision of late night refreshment
Regulated entertainment means:-
- Performance of a play
- Showing of a film
- Indoor sporting events
- Boxing or wrestling
- Live music
- Recorded music
- Performance of dance
- Entertainment of a similar character to live music, recorded
music or dancing
Regulated entertainment may also include the
provision of facilities for making music, dancing or entertainment
of a similar description.
Late night refreshment is defined under the
Act as the provision of hot food or drink between the hours of
23:00 (11pm) and 05:00 (5am) to any member of the public on or from
any premises, whether for consumption on or off the premises.
(NOTE: Hotels, clubs and other places providing
overnight accommodation are exempt from late night refreshment
controls).
Premises licence
| Licence summary |
To provide late-night refreshments and regulated entertainment,
and sell alcohol, you need a licence from the local authority if
you are in England and Wales.
|
| Eligibility Criteria |
Any of the following may apply for a premises licence:
- anyone who uses carries on a business in the premises to which
the application relates
- a recognised club
- a charity
- a health service body
- a person who is registered under the Care Standards Act 2000 in
relation to an independent hospital
- a chief police officer of a force in England and Wales
- anyone discharging a statutory or function under Her Majesty's
prerogative
- a person from an educational institute
- any other permitted person
Applicants must not be under 18 years of age.
|
| Regulation Summary |
A summary of the regulation relating to this licence
|
| Application Evaluation Process |
Applications must be sent to the licensing authority for the
area where the premises are located.
Applications must be in a specific format and be accompanied by
any required fee. An operating schedule, a plan of the premises and
a form of consent from the premises supervisor (for applications
where the sale of alcohol will be a licensable activity).
An operating schedule will include details of:
- the licensable activities
- the times when the activities will take place
- any other times when the premises will be open to the
public
- in the case of applicants who wish to have a limited licence,
the period the licence is required for
- information in respect of the premises supervisor
- whether any alcohol that is to be sold is for consumption on or
of the premises or both
- the steps proposed to be taken to promote the licensing
objectives
- any other required information
Applicants may be required to advertise their application and to
give notice of the application to any other person or responsible
body, eg the local authority, chief police officer or fire and
rescue authority.
The licensing authority must grant the application, which can be
subject to conditions. A hearing must be held if any
representations are made in respect of the application. If a
hearing is held the licence can be granted or granted subject to
additional conditions, licensable activities listed in the
application can be excluded or the application can be rejected.
The licensing authority will serve a notice of its decision on
the applicant, any person who has made relevant representations (ie
representations that were not deemed frivolous or vexatious) and
the chief of police.
Applications can also be made to vary or transfer a licence. A
hearing may have to be heard if representations are made or
conditions relating to a transfer are not met.
Other applications that can be made are applications for an
interim authority notice following the death, incapacity or
insolvency of a licence holder or review applications.
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| Will Tacit Consent Apply? |
No. It is in the public interest that the authority must process
your application before it can be granted. If you have not heard
from the local authority within a reasonable period, please contact
it. You can do this
online if you applied through the UK Welcomes service or use
the contact details below.
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| Apply online |
Apply for a premises licence
Apply for a provisional statement
Apply for a Designated Premises Supervisor to be disapplied
Tell us about a minor change to your premises
Apply to vary your premises licence
Apply to transfer your premises licence
Notify us of an interest in premises under section 178
Tell us about a change to your existing interim authority
notice
Tell us about a change to your existing consent to transfer
Notify us of your request to be removed as designated premises
supervisor
Tell us about a change to your existing consent to be
designated
Tell us about a change to your existing application to vary a
premises licence to specify an individual as designated premises
supervisor
Notify us of a change of name or address
Extend or renew your annual fee payment
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| Failed Application Redress |
Please contact your Local Authority in the first instance.
If an application for a licence is refused the failed applicant
can appeal.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
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| Licence Holder Redress |
Please contact your Local Authority in the first instance.
If an application is made by the chief police officer, as
detailed below, and interim steps are taken by the licensing
authority you may make representations. A hearing must be held
within 48 hours of your representations.
A licence holder may appeal against any conditions attached to a
licence, a decision to reject a variation application, a decision
to reject a transfer application or a decision to exclude an
activity or person as premises supervisor.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
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| Consumer Complaint |
An interested party or responsible authority may apply to the
licensing authority to review the premises licence. A hearing will
be held by the licensing authority.
Appeals are made to a Magistrates' court within 21 days of
notice of the decision.
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| Other Redress |
The chief police officer for the police area where the premises
are located can apply to the licensing authority for a review of
the licence if the premises are licensed to sell alcohol by retail
and a senior officer has given a certificate that they are of the
opinion that the premises are associated with either serious crime
or disorder or both. A hearing will be held and the licence holder
and other interested parties may make representations.
A chief police officer can give a notice to the licensing
authority if they believe that the transfer of a licence to
another, under a variation application could undermine crime
prevention objectives. Such a notice must be given within 14 days
of receiving notification of the application.
An interested party or responsible body may make representations
in relation to a licence application or request the licensing body
to review a licence.
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EXEMPTIONS
The Licensing Act 2003 allows for certain
activities to be exempt from requiring a licence or authorisation,
for example music provided at a place of worship or forming part of
a religious service. If you think that an activity you are
planning to provide may be exempt from requiring an authorisation,
contact your nearest licensing office to discuss
the details.
LICENSING OBJECTIVES
In addition to having regard to Guidance from the Secretary of
State and its own Statement of Licensing Policy,
Northumberland County Council, as a licensing authority must, at
all times, make decisions with a view to promoting the four
licensing objectives of the Act, these are:-
- The prevention of crime and disorder
- Public safety
- The prevention of public nuisance, and
- The protection of children from harm
TYPES OF AUTHORISATIONS
If you undertake or provide any licensable activity, you may need one
or more of the following authorisations under the Act:-
