Licensing FAQs
We have completed a list of some of the most frequently asked questions associated with the Licensing Act 2003. If you are unable to find an answer to your question please contact the Licensing Team.
E-mail liquorlicensing@chester.gov.uk
In writing
The Licensing Team
Chester City Council
The Forum
Chester
CH1 2HS
By Phone
01244 402300
Q What is regulated entertainment?
Q I show live televised football and rugby in my pub, is this also classed as regulated entertainment?
Q Can licensed premises open 24 hours?
Q What is a designated premises supervisor (DPS)?
Q Who can apply for a premises licence?
Q How do I apply for a premises licence?
Q What is an operating schedule?
Q What scale does a premises licence plan have to be drawn to?
Q How long will my new premises licence last?
Q I’ve heard I might have to pass a licensing exam before I can get a personal licence, is that right?
Q Why do I need a personal licence if the premises is licensed as well?
Q How do I qualify for a personal licence?
Q How do I make an application for a personal licence?
Q How long will my new personal licence last?
Q Do I have to hold a personal licence to work in a pub?
Q I sell takeaway food but not alcohol, does the Act affect me?
Q Why is it that fast-food outlets and takeaways have to be licensed?
Q What happens to members’ clubs?
Q Can I allow children in the pub under the Licensing Act 2003?
Q Are children aged under 16 allowed to buy and consume soft drinks in any premises?
Q Is the legal drinking age still 18?
Q How does the Act affect events such as under 18 discos held in nightclubs?
Q What is a temporary event notice?
Q What else does the Act cover?
Q What is regulated entertainment?
A There is a long list of entertainment which is regulated under the Act, and these are:
- A performance of a play
- An exhibition of a film
- An indoor sporting event
- A boxing or wrestling entertainment (indoors or outdoors);
- A performance of live music;
- Any playing of recorded music;
- A performance of dance;
Entertainment of a similar description to that falling within a performance of live music, the playing of recorded music and the performance of dance (plus facilities for allowing people to take part in making music, dancing or any thing similar for the purpose of being entertained). See Guidance Note 11 for further information.
Q I show live televised football and rugby in my pub, is this also classed as regulated entertainment?
A No, the showing of a live televised football or rugby match is not classed as regulated entertainment.
Q Can licensed premises open 24 hours?
A Not necessarily. The Government are not promoting 24 hour drinking. The Act promotes flexible, rather than uniform closing times and allows for the possibility of premises to remain open for up to 24 hours. The actual hours of operation will vary from premises to premises depending on the operator’s wishes and consideration of people affected, for example, local residents and businesses. Alongside their application for a premises licence, applicants must submit an operating schedule to the licensing authority, which include the proposed hours of operation. However if no relevant representations are made in relation to the application then the licensing authority must grant the application.
For example, where a pub is in a residential area and an application is made that it is allowed to open until 1 am or even 24 hours, residents in the area may wish to comment or object, whilst a pub in a non-residential area may have fewer or no objections.
Q What is a premises licence?
A A premises licence is a licence that is granted to authorise the premises to be used for “licensable activities” namely the sale of alcohol or the provision of regulated entertainment or late night refreshment.
The term “premises” no longer means just buildings but now has a wider definition under the Act, and can now include areas in the open air, vehicles, vessels or moveable structures.
If a premises sells alcohol then the premises licence must name a person who is responsible for supervision of the premises. This person is known as the “designated premises supervisor”. The premises supervisor will be the holder of a personal licence.
When you apply for a new premises licence you will also have to provide an “operating schedule”. This forms part of the application form and sets out how you intend to run the premises, for example; whether you intend to sell alcohol; whether you will provide entertainment; the hours during which the premises will be open to the public; the hours you intend to sell alcohol; who will be the premises supervisor etc.
Q What is a designated premises supervisor (DPS)?
A The designated premises supervisor (DPS) is the person identified as such for a particular premises who is named on the premises licence. Any premises where alcohol is supplied under a premises licence must have a DPS. They will be named in the operating schedule for any premises with a premises licence.
The DPS will not necessarily be the premises licence holder, although this may sometimes be the case. It is expected that they will be the point of contact for the premises at all times for licensing authorities, or the police or fire services if problems occur at the premises.
Any application for a premises licence must also include a form of consent given by the individual whom the applicant wishes to have specified in the premises licence as the DPS.
Q Who can apply for a premises licence?
A A number of different people and bodies that can apply for the licence. The main person who can apply is “a person who carries on, or proposes to carry on, a business which involves the use of the premises for licensable activities”. This will normally be the proprietor but there is no requirement that the person who applies has day-to3 day management of the premises. So the owner of a business with no day-to-day involvement (because he or she currently employs a manager) could apply to hold the premises licence. Similarly, in managed premises, a pub operating company could hold the premises licences for all its premises.
Recognised bodies such as clubs and charities can also apply to hold a premises licence.
Q How do I apply for a premises licence?
A You must submit the following to the licensing authority within whose area the premises is situated:
- a completed application form;
- an operating schedule;
- a plan of the premises in the prescribed form; and
- if the application requests the authorisation to supply alcohol, a form containing the
- consent of the proposed designated premises supervisor in the prescribed form.
The Secretary of State has set out how applications must be advertised and the periods in which interested parties (local residents and businesses or bodies representing them) and responsible authorities (the police, fire authority, Environmental Protection team, etc) can make representations to the licensing authority about the application.
The Secretary of State has also prescribe the form and manner of making the application.
Where no relevant representations are made by responsible authorities or interested parties the licensing authority must grant the licence application subject only to the mandatory conditions that must be placed on the licence and such other conditions as are consistent with the operating schedule. If relevant representations are received, the licensing authority must hold a hearing and consider the representations (unless all parties agree that this is unnecessary). This may result in the rejection of the application, the refusal to specify a premises supervisor (if the licensable activities relate to the supply of alcohol), the exclusion of a licensable activity, or the attachment of conditions to the licence if this is necessary for the promotion of one or more of the licensing objectives.
For example, a licensing authority could attach a condition preventing the playing of amplified music after 11pm for a pub in a quiet residential area.
Q What is an operating schedule?
A An operating schedule forms part of the application form in which the applicant sets out various details on how the premises are proposed to operate when carrying on licensable activities. It must include the following information:
- the licensable activities to be carried out;
- the proposed hours that the relevant licensable activities are to take place;
- the proposed hours that the premises are to be open to the public;
- the duration of the licence (if it is to have a fixed term);
- details of who is to be the designated premises supervisor if the licensable activities
- include the supply of alcohol;
- where alcohol is to be supplied, whether the supplies are proposed to be for consumption on and/or off premises;
- a statement of the steps the applicant proposes to take to promote the licensing objectives (for example, the arrangements for door security to prevent crime and disorder); and
- such other matters as may be prescribed.
The significance of the operating schedule is that if the application for the premises licence is granted, the information will be incorporated into the licence itself and will set out the permitted activities in the premises and the limitations on them.
Q What scale does a premises licence plan have to be drawn to?
A The normal scale is 1:100. If you want to use a different scale, you must get our written agreement first. A plan of the premises will have to be submitted with every application for a premises licence. Each plan will have to be in a prescribed form. For further information please contact the Licensing Team or the DCMS website (www.culture.gov.uk - external link).
Q How long will my new premises licence last?
A A premises licence lasts indefinately unless it is suspended or revoked or, if the licence is granted for a limited period only, for the period specified in the licence.
Q I want extra hours and/or want to remove other restrictions on my existing licence, what will I have to do?
A You will need to apply to vary the licence to give you the extra hours and remove any other restrictions. The procedure is similar to the procedure for a new premises licence. See Guidance Note 4 for further information.
Q I’ve noticed that the pub next to my house wants later hours. I fear the worst and would like to object. What do I have to do?
A You must formally write to the Council’s Licensing Team stating the reasons for your concerns. These representations must be relevant to the application, but must not be what the Act has termed frivolous, vexatious or repetitious. The licensing authority must hold a hearing to determine the application if representations are received. All representations will be dealt with fairly by the licensing authority.
Q What is a personal licence?
A A personal licence is a licence which is granted to an individual and authorises that person to supply alcohol, or authorise the supply of alcohol in accordance with a premises licence.
An application for a personal licence must be made to the licensing authority where you ordinarily live. This means that if you live in Ellesmere Port but your premises is in Chester, you must apply to the Ellesmere Port licensing authority for your personal licence and then to the Chester licensing authority for your premises licence.
The personal licence will be valid for an initial period of 10 years before it has to be renewed.
A premises which supplies alcohol must have at least one personal licence holder, but other employees such as bar staff, are not required to hold a personal licence, although there is nothing to prevent them qualifying and getting a personal licence.
Q I’ve heard I might have to pass a licensing exam before I can get a personal licence, is that right?
A A personal licence is similar in concept to a driving licence. A driving licence authorises you to drive motor vehicles - you only get it when you pass a test to show you have reached a certain standard. A personal licence will indicate your suitability to sell alcohol or authorise others to sell alcohol and you will only qualify for it if you have a specified licensing qualification. The Government has published a syllabus for the personal licence qualification which sets out what the course should contain (similar to the content of the BII) and can be viewed on the Department for Culture, Media and Sport (DCMS) website - (http://www.culture.gov.uk/ - external link).
Q Why do I need a personal licence if the premises is licensed as well?
A A personal licence will show that you are a suitable person to supply alcohol or authorise the supply of alcohol by others on a premises with a premises licence.
The licence will be personal to you and should make it easier for you if you move to a new premises or area. You won’t have to prove over and over again to each new police force and licensing committee that you have the right character, training and qualifications to sell or supply alcohol.
Q How do I qualify for a personal licence?
A To qualify for a personal licence the applicant must fulfil certain criteria which are set out in the Act. The licensing authority must grant the licence if it appears that:
- the applicant is aged 18 or over;
- no personal licence held has been forfeited within the period of five years before making the application;
- the applicant possesses an accredited licensing qualification, or is a person of prescribed description;
- the applicant has not been convicted of any relevant or foreign offence;
Where the applicant has relevant convictions the police may object to the application and the licensing authority must hold a hearing to consider the objection.
Q How do I make an application for a personal licence?
A Application for a personal licence must be made on the appropriate form which is available from the Licensing Team or on our website.
Q How long will my new personal licence last?
A Normally a personal licence will last for 10 years (subject to certain provisions of the Act, for example the surrender or forfeiture of the licence). The licence can be renewed for further periods of 10 years and will be renewed provided the holder has not been convicted of a relevant offence or a foreign offence (more serious type of offences). If any such convictions have occurred since the licence was granted or renewed, the Council must notify the chief officer of police for the area who may object to the renewal.
Q Do I have to hold a personal licence to work in a pub?
A No one is required to hold a personal licence to work in any licensed premises other than the person who is the Designated Premises Supervisor, but there is nothing to stop other persons working in a pub holding a personal licence. However every supply of alcohol under the premises licence must be made or authorised by a person who is a personal licence holder. For further information on the role of the Designated Premises Supervisor, please see the section on Premises Licences.
Q I sell takeaway food but not alcohol, does the Act affect me?
A Yes if you sell hot food or hot drink between the hours of 11 pm and 5 am for consumption on or off your premises. A sale between those times is a licensable activity under the Act and you will have to apply for a premises licence. Provided you do not sell alcohol for consumption on or off the premises or both, then you will not need a personal licence.
Q Why is it that fast-food outlets and takeaways have to be licensed?
A The government felt it necessary to include late night takeaways and fast-food outlets in the Act to protect local residents because premises which serve late night refreshment can be used by customers who may have been drinking at other premises earlier in the evening, thereby creating the potential for disorder on or near the premises. Also, because large numbers of customers may gather at places serving late night refreshment, there is the potential for disorder, nuisance and disturbance for local residents.
The regulation of late night refreshment will tackle these issues and allow residents and other interested parties and responsible authorities to make representations about new, and seek reviews of existing, licences where there are concerns that the licensing objectives will or have been affected.
Q I help with a charity providing free food and drink for homeless persons, will I need a premises licence?
A The following miscellaneous supplies of hot food or hot drink are exempt:
- hot food or hot drink supplied by a registered charity or by a person on the charity’s behalf;
- hot drink consisting of, or containing alcohol (this is covered by other aspects of the premises licence);
- hot drink supplied by vending machines (provided money has been inserted by a member of the public and the drink is supplied to him/her);
- hot food or hot drink supplied free (charges made for entry or other associated items may be considered as making the food or drink not free);
- hot food or hot drink supplied on a vehicle, which is not permanently or temporarily parked at the time;
- guests (and their guest) staying in hotels, guest houses, hostels, caravan or camping sites or other premises supplying accommodation as their main purpose;
- employees, for example, where refreshment is made available to shift workers between 11pm & 5am;
Q What happens to members’ clubs?
A Under the Act registered clubs can apply for a club premises certificate.
As this type of club is run by members committees and do not have licensees, they are not required under the Act to have a personal licence holder or a designated premises supervisor. A club can apply to vary its club premises certificate to a Premises Licence but this would then require a Desigated Premises Supervisor who holds a Personal Licence.
Q Can I allow children in the pub under the Licensing Act 2003?
A Children under 16 are allowed in premises provided they are accompanied by an adult in establishments which are exclusively or primarily used for the supply of alcohol for consumption on the premises and this will include beer gardens and outside terraces.
The sale or supply of alcohol anywhere on relevant premises to anyone aged under 18 years is prohibited and is a prosecutable offence; as is the consumption of alcohol by an individual under 18 anywhere on relevant premises.
Q Are children aged under 16 allowed to buy and consume soft drinks in any premises?
A The purchase and consumption of soft drinks are not licensable activities. However, the offence provisions relating to certain categories of premises may mean that unaccompanied children under 16 may not have access to those premises even to buy and consume soft drinks.
Q Is the legal drinking age still 18?
A Yes. This remains unchanged under the Act. The only exception is that 16 and 17 year-olds may drink beer, wine or cider with a table meal when they are accompanied by an adult aged 18 years or over. In all other cases, it is illegal for children under 18 to knowingly consume alcohol on relevant premises, or to buy or attempt to buy alcohol.
An exception to this law is when a child has been asked to test-purchase alcohol from a relevant premises by a police officer or a trading standards officer. In these cases, the child will not be committing an offence.
Q Does the fourth licensing objective, ‘the protection of children from harm’ refer only to physical harm?
A ‘Harm’, for the purpose of the Act, refers not only to physical harm but also to psychological and moral harm. It can be interpreted in the widest possible sense by the licensing authority in response to representations from responsible authorities, such as, the police, social services, or local Area Child Protection Committees and interested parties. If there is genuine reason to believe that allowing children to enter certain premises could result in harm of any kind, necessary conditions will be imposed on the licence or certificate that the licensee or club will have to abide by.
Q How does the Act affect events such as under 18 discos held in nightclubs?
A It is unlawful under the Act to allow unaccompanied children aged less than 16 years into relevant premises between midnight and 5 a.m. where alcohol is supplied for consumption on the premises. In effect, this will apply to many nightclubs as they operate longer hours and have alcohol for sale after midnight.
For licensees or night clubs to stage under-18 discos, they will have to outline their intentions in their operating schedule, including descriptions of the measures they propose to take to promote the protection of children from harm. In most instances, the presence of an organiser of the event should be satisfactory in ensuring that the children attending the event are accompanied by an adult. In addition, if the premises in question does not serve any alcohol on the night of the event and only sells soft drinks to the under 18s, the rule will not apply.
Q What is a temporary event notice?
A This is where a notice is served on the licensing authority and the police enabling the temporary sale of alcohol or the provision of regulated entertainment or late night refreshment at premises not authorised by a premises licence or club premises certificate. No permission is required from the licensing authority for these events. However in certain circumstances the police can intervene to prevent an event taking place, or to agree a modification to the arrangements.
Q Are there any limitations on temporary event notices?
A A personal licence holder can only apply 50 times in a year and only 5 times for all other people.
Only 12 temporary event notices can be given in respect of a particular premises in one calendar year.
The temporary event cannot exceed 96 hours
The total of persons in attendance at the event at any one time cannot exceed 499. See Guidance Note 14 for further details.
Q What else does the Act cover?
A The Act covers all aspects of licensing law, for example it completely updates the law on children and alcohol and gives the police new powers to close disorderly premises.
Q What’s it going to cost?
A A fee will be payable when you apply for your personal licence and when you apply for your premises licence. The fees have been set by the Government and are based on the rateable value of the premises.
The fee for a personal licence is £37, with a fee on each renewal every ten years. The level of the fees has been set by central Government for the whole of England & Wales.
Q Where can I find out more?
A For more Information, please visit the Licensing page on the Chester City Council website. We have a range of application forms and guidance notes available on line or by contacting the Licensing Team on 01224 402138. The Government Department responsible for the Licensing Act 2003 is the Department for Culture, Media and Sport and more information can be found on the web at http://www.culture.gov.uk/ - external link
DISCLAIMER
This information is provided for the assistance of applicants and other persons and represents a summary of the relevant legislation at the time of publication.
Interpretation of the legislation is ultimately a matter for the courts, and applicants and other persons must take their own professional and legal advice where appropriate.
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