Guidance for the Licensing Act 2003

Transcription

1 Guidance for the Licensing Act 2003 The Act establishes a single integrated scheme for licensing premises, which are used for the supply of alcohol, to provide regulated entertainment or to provide late night refreshment. Licences Provided Under The Licensing Act 2003 A Premises Licence or Club Premises Certificate will be required where any of the licensable activities are going to take place A Personal Licence will be needed by anyone who wishes to offer the sale of alcohol in pubs, off-licences, supermarkets, theatres, cinemas and Recognised Clubs. Licensable activities are: The sale by retail of alcohol The supply of alcohol by or on behalf of a club, or to the order of, a member of a club The provision of regulated entertainment The provision of late night refreshment. Licensing objectives are: The prevention of crime and disorder Public safety The prevention of public nuisance The protection of children from harm. Application procedure All the requirements for you to comply with are detailed on the application form applicable to your particular type of premises and licensable activities. All of these forms may be obtained from the relevant page on the councils web site. When a brand new premises licence or club premises certificate is applied for, or you wish to vary in any way your existing licence, copies will also have to be sent to the responsible authorities. Each of these Authorities can make representations (objections) about the application or variation, which can lead to a hearing by the

2 Licensing Committee resulting in conditions being imposed or the application being refused. Other persons (residents or businesses) can also make representations when a brand new premises licence or qualifying club premises certificate is applied for or when there is an application to vary a licence. Representations (objections) can only be based on the four licensing objectives and should be supported by evidence. Premises Licenses and Club Premises Certificates A premises licence or club premises certificate can be granted either for a fixed time (for example, for a one-off occasional entertainment), or indefinitely, that is, the life of the business. When applying for a premises licence or a variation from their existing licence, applicants will have to submit with the application form the following: A plan of the premises. An operating schedule (a comprehensive description of how the premises will be operated safely). The fee. A signed consent form from the proposed DPS if the application relates to the sale of alcohol The applicant must also send a full copy of his application to all the responsible authorities. The applicant must also advertise his application by way of a Notice on or near the premises; and by way of advertisement in a local newspaper. If representations (objections) are made concerning the granting of or varying a licence in any way, the Council's Licensing Committee (made up of Councillors) will hold a hearing in public, to determine the application. Regulated entertainment that requires a premises licence: the performance of a play an exhibition of a film an indoor sporting event a boxing or wrestling entertainment a performance of live music any playing of recorded music a performance of dance entertainments of a similar description to live music, recorded music or dance. It also includes the facilities for making music, eg karaoke, and dancing, audience participation on a dance floor. To be regulated entertainment, the activity must take place in the presence of an audience for the entertainment of that audience.

3 Operating Schedules The Operating Schedule which must accompany an application for a new, or variation of a Premises Licence or Club Premises Certificate must include a general description of the style and character of the business to be conducted on the premises (for example, a supermarket; or an off-licence) and must set out the following details: The licensable activities to be conducted on the premises. The times during which it is proposed that the relevant licensable activities are to take place. Where the licence is required only for a limited period, that period. The areas in the premises where children are permitted. Where the licensable activities include the sale of alcohol, whether alcohol will be supplied for the consumption on or off the premises or both. The steps the applicant proposes to take to promote the four licensing objectives. Personal Licenses Personal Licences are needed by anyone intending to sell or supply alcohol in any premises except a Qualifying Club. You will need to apply for a personal licence to the Council in the area in which you live. It is that Council which will be responsible for continuing to licence you, even if you move away from the area. You should only apply to Sutton Council if you live in the Borough. Personal licences will be valid for ten years. There will be various duties placed on holders of personal licences. You can lose your personal licence if you are convicted of certain offences. The police have the right to object if you have a relevant criminal conviction. To get a personal licence you must be over 18 possess an accredited licensing qualification, a certified licensing qualification, an equivalent licensing qualification, or have a current Justices Licence. pay the required fee. provide a Criminal Record Disclosure. Designated premises supervisor A designated premises supervisor must be the holder of a personal licence for the sale or supply of alcohol. Only one such person can be specified on the premises licence. This person is in overall charge of the premises and will be looked upon by the police and the Council as the person responsible for the sale of alcohol at the premises. Sale of alcohol to children

4 The Licensing Act 2003 makes it an offence: to sell alcohol to an individual aged under 18; to purchase alcohol on behalf of an individual aged under 18; and for an individual aged under 18 to consume alcohol on relevant premises. It is an offence to allow an unaccompanied child (an individual aged under 16) onto premises that are exclusively or primarily used for the supply of alcohol for consumption on the premises, eg pubs and clubs. The only exception is that 16 and 17 year olds may drink beer, wine or cider with a table meal in relevant premises, where accompanied by an adult aged 18 years or over. Bar snacks will not count as a table meal. An individual aged under 18 years cannot sell or supply alcohol unless each sale or supply has been authorised by a personal licence holder. However, if the alcohol is sold for consumption with a table meal, no offence will be committed. Therefore a person under 18 years working as a waiter or waitress in a restaurant is able to lawfully serve alcohol. An exception to the rule governing the purchase of alcohol by children is that it is permitted when the child is acting under the direct control of Police Officers or Trading Standards Officers. This means that child-assisted test purchasing exercises can be carried out in order to check whether businesses are complying with the law. Late night refreshment premises Any premises that supplies, for a charge, hot food or hot drinks to members of the public between 11 pm and 5.00 am will need a Premises Licence. The operator will not need a Personal Licence unless alcohol is sold. Temporary Events Notices The Act allows small events to take place without a licence in certain circumstances. The event must have less than 500 people present and which lasts for less than 168 hours. A premises can only be used for no more than 12 occasions in a twelvemonth period; the maximum aggregate days during the calendar year is 21. Someone who holds a Personal Licence will be able to submit up to 50 temporary events a year. Non Personal Licence holders may be able to hold five such events each year. Two Temporary Event Notices must be given to the Council, with a further copy to the Police and a copy to Environmental Health at least ten working days before an event of this type can take place. This does not include the day of service or the day of the start of the event. The Police, or Environmental Health, will be able to object to an event. The Licensing Authority can prevent an event going ahead by serving a counter notice, if the applicant has exceeded the number of TENS allowed. Late Tens

5 It is possible to submit a late Tens no less than 5 working days before the event, not including the day of service or the day of the start of the event. However, if an objection is received, a Counter Notice will b e served and the event will not be able to proceed. Objecting to premises licenses or variations Interested Parties including local residents may make representations (objections) to the Council about the grant of or a variation of a premises licence. The objections must be based around the four licensing objectives and should be supported by evidence. The Council's Licensing Committee, made up of councillors, will consider these as long as the representations (objections) are not irrelevant, vexatious or frivolous, or have been withdrawn. Notification of such applications that interested parties may object to will be found within either local newspaper advertisements or public notices displayed on and/or near the premises concerned. Representations (objections) have to be made within a period of 28 consecutive days from the day after the first date of display of the notice. Objectors will receive notification from the Licensing Section that their objections have been received and whether they are relevant or not. The objector will later receive formal notification concerning details of the subsequent committee hearing direct from the Committee Section based at Sutton Civic Centre. The Government has published Regulations that set out how the Council's Licensing Committee is to be run and how to apply the new Legislation. They include how often they will be held, and what sort of evidence can be presented to it. Claims for costs involved in attending Committees cannot be made. Appeals Appeals against a Council's licensing decision may be made to the Magistrates' Court. The Regulations and other legislation lay down how this can be done and who can appeal. The reasons for the appeal should be supported by evidence and will be submitted to the court during the hearing. Review hearings On occasions licensed premises can lead to problems. Residents, businesses or responsible authorities may apply to the Council for a review of a Premises Licence or Qualifying Club Premises Certificate. It is important that the grounds for the review, known as relevant representations, are based on the licensing objectives and should be supported by evidence. Grounds for a review must not be vexatious, repetitive or frivolous. The Council's Licensing Committee will hold a hearing to review the Premises Licence. The steps the Council can take are: To modify the conditions of the licence To exclude a licensable activity To remove the Designated Premises Supervisor

6 To suspend the licence for a period of up to three months To revoke the licence Door supervisors The Private Security Industry Act 2001 outlines the system for the regulation of the private security industry, including transferring responsibility for the licensing of door supervisors from local authorities to the Security Industry Authority (SIA).. All Premises Licences require that any security staff employed are licensed with the SIA. Personal Licenses Requirements for a Personal Licence: Applicants for personal licences must obtain a qualification that is accredited under the Licensing Act These accredited qualifications are currently: BIIAB Level 2 National Certificate for Personal Licence Holders. GOAL Level 2 Certificate for Personal Licence Holders GQAL Level 2 National Certificate for Personal Licence Holders