Guide to the Licensing Act

The Licensing Act 2003 significantly changed the licensing laws in England and Wales. It was designed to allow greater freedom of choice for the public balanced against tougher powers for the police and Chester City Council, which is the Licensing Authority, to deal with problem premises.

To view and download the City Council's official Guidance Notes for each Licence type, click the link below.

Guidance and Information

The Magistrates’ Court, which formerly controlled licensing, now hears appeals against decisions of the Licensing Authority.

The Licensing Authority, Licensees, Police and other agencies work in partnership to promote the Licensing Objectives of the Act:

• Prevention of crime and disorder
• Prevention of public nuisance
• Public safety
• Protection of children from harm

We will review our licensing policy every three years in consultation with licence holders, residents, businesses, the police and fire authorities.

The Act covers the sale of alcoholic drinks in pubs, clubs, off licences and restaurants; the supply of alcohol in members clubs; the sale of hot drinks and/or hot food between 11.00pm and 5.00am.

The Act also covers cinemas; theatres; indoor sporting events such as boxing, wrestling and martial arts; the provision of regulated entertainment including music, singing and dancing and events such as pop concerts. All these are known as licensable activities.

A Personal Licence is needed to sell alcohol. This 10 year licence is portable and allows the holder to work in any premises in England and Wales.

A Premises Licence is needed to provide regulated entertainment and other licensable activities, including the sale of alcoholic drinks and the sale of hot drinks and/or hot food between 11pm and 5am. This licence will last indefinitely provided there is no change in circumstances, such as operating times or alterations in the style of operation. If there are changes, an application for a variation of the premises licence must be made. If major structural alterations take place, an application for a new licence will be required.

The Personal Licence

A Personal Licence is needed to authorise the sale of alcohol in any premises such as pubs, restaurants, hotels and off licences.

Application for the 10 year licence must be made to the Licensing Authority in whose area the applicant resides.

To qualify the applicant must:

• be over 18
• possess an approved training qualification
• have no convictions for a relevant offence
• have paid the licence fee

The sale or supply of alcoholic drinks must be carried out under the control of a Designated Premises Supervisor who must be named on the Premises Licence and must hold a Personal Licence.

The Premises Licence

A premises licence is required for any room, building, defined area or temporary structure where licensable activities will take place.

• Applicants may apply for a new Premises Licence or to vary their existing licence. A variation might be to add additional activities or to vary their trading hours. Applicants will have to advertise any application or variation and explain to all the Responsible authorities how they will meet or continue to meet the Licensing Objectives.
• If no alcohol is on sale at the Premises, there is no need for a Personal Licence holder.
• Responsible authorities, such as the police and fire authority, and interested parties, who live or run a business in the vicinity of the premises, may make representations in respect of an application.
• The Licensing Authority will deal fairly with objections to the grant or variation of a Premises Licence, but any objection must be relevant and not frivolous, vexatious or repetitious. If representations are received for an application, this will normally require a public meeting before any licence can be issued. This is called a hearing of the Licensing Act Sub-Committee. The applicant and any responsible bodies or interested parties who have made representations will be invited to attend.

Operating Schedule

Applications must contain an Operating Schedule. This is a statement about the licensable activities on the premises. It must state:

• how the Licensing Objectives will be met
• the times and days the licensable activities are provided and include a detailed plan.

 

Temporary Events Notice

Premises licences are not needed for small events with no more than 499 people attending and which last for less than 96 hours.

A Temporary Event Notice must be given to the Licensing Authority and Cheshire Police before such an event can take place. Only the Police can object on grounds that the event may lead to crime and disorder.

A Personal Licence holder will be able to hold up to 50 temporary events in a year but each premises can only have 12 temporary events per year.

Non-personal licence holders will be allowed to hold no more than five temporary events in a year.

Temporary Event Notice applications must be received by the Licensing Team at least 10 working days before the event, however this cannot include either the day of the event or the date it is received. The Licensing Team therefore recommend that applicants allow an absolute minimum of 12 working days before the event to avoid dissapointment.

Provisional Statements

Anyone considering opening licensed premises may apply to the Licensing Authority for a Provisional Statement. This will allow the premises to be constructed, extended or altered to allow licensable activities to take place, knowing that a full licence will be issued on completion (provided there are no material changes in the original Operating Schedule).

Community centres, educational establishments, church halls etc.

In certain circumstances community centres, educational or religious establishments and village halls that provide regulated entertainment will also require a Premises Licence. Community based/Educational premises that do not sell Alcohol are normally excluded from the requirement to pay the relevant application fee.

Complaints or concerns about premises

There may be times when the activities on licensed premises cause problems. If a person or organisation has cause to complain their first point of contact should be the Designated Premises Supervisor. If this fails to resolve the problem the relevant Responsible Authority should be contacted. In the case of noise or obnoxious smells the complaint should be made to the Environmental Protection Team on 01244 402311. If it is a non emergency Crime and Disorder problem, the Police should be contacted on 01244 350000. When mediation or appropriate action taken under existing legislation is unable to resolve the complaint or concerns, the Responsible Authority or interested parties can request that the licence be reviewed. This would bring the matter before the Licensing Act Sub-Committee which has a number of options in dealing with problem premises. These include the modification of licence conditions, the removal of the Designated Premises Supervisor or, in extreme cases, the suspension or revocation of the licence.

Need More Information?

We have a range of application forms and guidance notes available on line or by contacting the Licensing Team on 01224 402138. This leaflet is only intended to be a brief guide to the Licensing Act 2003. People involved the licensed trade should contact their own professional advisors for more detailed advice.

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.