Anyone who sells alcohol after a closure notice has been issued and is in effect can be arrested or summoned for the criminal offence under S.136 of unlicensed activity. of licence holder. 5. Different options to open legislation in order to view more content on screen at once. Croydon 124.Convictions coming to light after grant 126.Theft, loss, etc. Information on the different types of alcohol licences available and guidance on how to apply for them. 4. You can also download the variation form on the designated premises supervisor forms page. While they need not be on site at all times, they are expected to be involved enough with the business to be able to act as its representative, and they must be contactable at all times. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. The Whole Once you have passed thePersonal Licence Course, you will then be able to apply for a Personal Licence. Licensing Act 2003 is up to date with all changes known to be in force on or before 01 May 2023. (3)Where the text of the application is transmitted by electronic means, the giving of the application shall be effected at the time the requirements of paragraph 2(a) are satisfied, provided that where any application is required to be accompanied by a fee, or any document that application shall not be treated as given until the fee or document has been received by the relevant licensing authority. The objective of the Licensing Act 2003 (the Act) is to provide a clear, transparent framework for making decisions about applications by individuals or businesses wishing to sell or supply alcohol, or provide certain types of regulated entertainment and late night refreshment. We use some essential cookies to make this website work. Objectives of the Act. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. The Gaming Act 1968 is amended as follows. Universities (Wine Licences) Act 1743 (c. 40). 4. cost of duty plus VAT, guidance on mandatory of applications and notices under Part 6. Inspection of premises before grant of certificate etc. Advertisement of application for provisional statement, Determination of application for provisional statement, Restriction on representations following provisional statement, Notification of change of name or address, Determination of application under section 34, Supplementary provision about determinations under section 35, Application to vary licence to specify individual as premises supervisor, Circumstances in which section 37 application given interim effect, Duty of applicant following determination under section 39, Request to be removed as designated premises supervisor, Application for minor variation of premises licence, Determination of application under section 41A, Supplementary provision about determinations under section 41B, Variation of premises licence: supply of alcohol from community premises, Application for transfer of premises licence, Circumstances in which transfer application given interim effect, Notification of determination under section 44, Duty to notify designated premises supervisor of transfer, Interim authority notice following death etc. Alternatively you can view the postal forms and other guidance specific to club premises certificates. Rejection of applications relating to club premises certificates. memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003 Licensable Activities . In sum, it is suggested that the strength of licensing lies in the identification of competent traders and the exclusion of the incompetent and dishonest. (1) This paragraph applies where a review of interim steps General provision about appeals under this Part. The full variation process is very similar to the application process for a new premises licence and the fee is the same. 74.In section 4(1) of the Licensed Premises (Exclusion of Certain 75.In Part 3 of Schedule 6 to the Magistrates' Courts Local Government, Planning and Land Act 1980 (c. 65). The Secretary of State, in exercise of the powers conferred upon her by sections 120(2)(b), 125(4) and 133(1) of the Licensing Act 2003(1), hereby makes the following Regulations: 1. In a non-exclusive license, the licensor may be licensing the IP out to more than one licensee. 108.Right of entry where temporary event notice given, 109.Duty to keep and produce temporary event notice and statement of conditions, 110.Theft, loss, etc. If you disagree with the councils decision, you have a right of appeal to the magistrates court. 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. Sporting Events (Control of Alcohol etc.) Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. Omit paragraph 11 (payment of indemnity from central funds). You will also need to provide a basic criminal conviction disclosure form. Can I do simple additional courses to take my career to the next level. of licence holder, 48.Cancellation of interim authority notice following objections, 49.Supplementary provision about interim authority notices, Transfer following death etc. A licensing authority shall not reject any application by reason only of the fact that it is given on a form provided otherwise than from the relevant licensing authority but which complies with the requirements of these Regulations. (1) This paragraph applies where, on a review of a PART 4 Questions about leave to enter or remain in the UK. %%EOF (b) The person is exempted from the act under section 25. 111.In section 63 of the Criminal Justice and Public Order Deregulation and Contracting Out Act 1994 (c. 40). (1) Section 1 of the Confiscation of Alcohol (Young Persons) 116.In section 115(5) of the Police Act 1997 (enhanced criminal London Local Authorities Act 2000 (c. vii). These licences may be permanent, for a limited period, or for one-off. Determining whether a club is established and conducted in good faith, The additional conditions for the supply of alcohol. Revised guidance issued under section 182 of the Licensing Act 2003 Or you can also apply to replace the designated premises supervisor, if you already have one, with the management committee. in the first part, the matters referred to in section 125(2) of the Act, a photograph of the holder, a number allocated by the licensing authority that is unique to the licence, an identifier for the licensing authority granting the licence and the date of the expiry of the licence and this part shall be produced in durable form and shall be of a size no larger than 70 millimetres by 100 millimetres, and. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. Alternatively you can download the postal form and guidance to vary a premises licence and the postal form and guidance to vary a club certificate. . Decide on the duration of your . 10. PDF Licensing Act 2003 Best Practice Guidance Document and - Crawley 14. Early morning alcohol restriction orders (EMRO) enable a licensing authority to prohibit the sale of alcohol for a specified time between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives. 22. Revised legislation carried on this site may not be fully up to date. Licence Type. 145.Unaccompanied children prohibited from certain premises, 147.Allowing the sale of alcohol to children, 147A.Persistently selling alcohol to children, 147B.Order suspending a licence in respect of offence under section 147A, 148.Sale of liqueur confectionery to children under 16, 149.Purchase of alcohol by or on behalf of children, 153.Prohibition of unsupervised sales by children, 154.Enforcement role for weights and measures authorities, 155.Confiscation of sealed containers of alcohol, 156.Prohibition on sale of alcohol on moving vehicles, 157.Power to prohibit sale of alcohol on trains. What are the 3 types of licence issued under the Licensing Act 2003 Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. The person chosen to be designated premises supervisor (DPS) will act as primary contact for local government and the police. fH&H4_f`0;lZX DI-@k& q*~0 C hTKSq?z:u6*&iDSq0e?-G+6IPV"^9ZHnQ=(z$Dm xXCYz?]99 H J`)A>/g}%KWu&W. 56.Licensing authoritys duty to update licence document. 29.The Betting, Gaming and Lotteries Act 1963 is amended as 30.In section 10(1B) (conduct of licensed betting offices) for the 31.In Schedule 4 (rules for licensed betting offices), in paragraph Children and Young Persons Act 1963 (c. 37). (c)a person operating premises under a licence granted by the Board of the Green Cloth. 39.In section 10 (appeal against sentence to Crown Court), at 40.In section 31 (powers of Court of Appeal under Part 41.In section 44 (powers of Court of Appeal under Part 42.In section 50 (meaning of sentence), at the end of 43.The Theatres Act 1968 is amended as follows. How do I change my licence or club certificate? The offence at common law of conspiracy to defraud. If you wish to change any aspect of your licence or club certificate once it has been granted, you will need to apply to your local council for either a full or a minor variation. You can apply to vary a DPS by following the online process in the premises licence section above. All applications made under the Licensing Act 2003 through gov.uk will be submitted directly to the relevant licensing authority, based on the post code entered at the start of the process. 1.3 The powers are set out in sections 53A to. Premises licences, club premises certificates and temporary event notices can authorise licensable activities at any premises, which can include open spaces and temporary structures as well as buildings . 17.In each of the following provisions of the London Building 18.In section 1(4) of the Civic Restaurants Act 1947 (civic London County Council (General Powers) Act 1947 (c. xlvi). Alternatively you can view the postal forms and other guidance specific to premises licences, including: You are not required to have a personal licence to be employed in a pub or other business that sells alcohol. The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. taken against a light background so that the applicants features are distinguishable and contrast against the background. 3. These are Premises Licences, Club Premises Certificates, Personal Licences and temporary event notices. Convictions coming to light after grant Forfeiture or suspension of licence on conviction for relevant offence, Powers of appellate court to suspend order under section 129, Courts duty to notify licensing authority of convictions, Licence holders duty to notify licensing authority of convictions etc, Form etc. Act you have selected contains over 9. Changes over time for: Section 3 16/12/2003 Changes to legislation: Licensing Act 2003, Section 3 is up to date with all changes known to be in force on or before 10 March 2023. Personal licences allow you to sell alcohol on behalf of any business that has a premises licence or a club premises certificate. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. No versions before this date are available. 3. No changes have been applied to the text. 112.Section 21 of the Deregulation and Contracting Out Act 1994 113.In section 14 of the London Local Authorities Act 1995 114.In section 232(7) of the Employment Rights Act 1996 (definition Confiscation of Alcohol (Young Persons) Act 1997 (c. 33). Prevention of Crime and disorder -. Representations and requests for the review of a licence must be made in writing. Sole. ThePersonal Licence TrainingCourseteaches individuals about the law and legal responsibility of being a licence holder and is part of the process for obtaining a Personal Alcohol Licence. The relationship is similar to the way that a driving licence permits the driving of any car. Inspection of premises before grant of licence etc. 11. Other legal restrictions for clubs operating under a club premises certificate are in the Licensing Act 2003. However, in the telecom sector, the government had complete monopoly until the early 1990s. of premises licence or summary, Grant of premises licence: supply of alcohol from community premises, Death, incapacity, insolvency etc. Step By Step Guide To Apply For Your SIA Licence. 10. 1. Section 204 (licensed premises) ceases to have effect. False statement relating to licensing etc. 32.For section 37(2)(b) of the Children and Young Persons Act Offices, Shops and Railway Premises Act 1963 (c. 41). 4.(1)The following persons are prescribed for the purposes of section 120(2)(b) of the Act. 1.Where a licensing authority (a) rejects an application for a Decision to grant premises licence or impose conditions etc. A Regulatory Impact Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies may be obtained from the Alcohol and Entertainment Licensing Branch of the Department for Culture, Media and Sport, 3rd Floor, 2-4 Cockspur Street, London SW1Y 5DH or viewed on the Departments website, www.culture.gov.uk. (1) Section 6 (prohibition of sale of alcohol to person 9.After section 8 (meaning of public place) insert Interpretation of Celluloid and Cinematograph Film Act 1922 (c. 35). 12. 3. 8. 7. 94.Duty to keep and produce certificateetc. 12. (iii)full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering, (v)one of which is endorsed with a statement verifying the likeness of the photograph to the applicant by a solicitor, notary, a person of standing in the community or any individual with a professional qualification; and. 16. 59.Inspection of premises before grant of licence etc. legible in all material respects means that the information contained in the application is available to the recipient to no lesser extent than it would be if it were given by means of a document in written form; person of standing in the community includes a bank or building society official, a police officer, a civil servant or a minister of religion; and. Look no further for the best new Security Officers! The Licensing Act 2003 has 4 key objectives. For further information, see Schedule 2 to the Licensing Act 2003. Act 1985 is 97.In the following provisions, for intoxicating liquor substitute alcohol. Supplementary provision about determinations under section 35 37.. The Criminal Appeal Act 1968 is amended as follows. PDF Licensing Act 2003 - Local Government Association 26. (1) The supply of hot food or hot drink on Exempt supplies: premises licensed under certain other Acts. All businesses and organisations selling or supplying alcohol, except members clubs and certain community premises must have a designated premises supervisor. 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). How can we improve the UK security industry? 91.In section 24(4) (provision of exits in buildings) for paragraph 92.In section 74(2) (exemption for certain premises from requirement for Police and Criminal Evidence Act 1984 (c. 60). a person operating premises under a licence granted by the Board of the Green Cloth. Otherwise, you can apply by using the postal forms available in the relevant section of this guidance. Who is responsible for licensing committee? Read the guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor. of premises licence or summary, 25A.Grant of premises licence: supply of alcohol from community premises, 26.Period of validity of premises licence, 27.Death, incapacity, insolvency etc. You 4 | Revised Guidance issued under section 182 of the Licensing Act 2003 Licence conditions - general principles 1.16 Conditions on a premises licence or club premises certificate are important in setting the parameters within which premises can lawfully operate. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards 2. The supply of hot food or hot drink on or (1) The following supplies of hot food or hot drink For the purposes of this Schedule (a) the supply of An offence under any of the following enactments. 13. 107.In paragraph 40(1) of Schedule 3 to the Norfolk and 108.In Schedule 1 to the Housing Act 1988 (tenancies which Town and Country Planning Act 1990 (c. 8). Licence fees are prescribed in regulations (the Licensing Act 2003 (Fees) Regulations 2005). The Licensing Act 2003 has set four licensing objectives, all of which are of equal importance. Section 17 (existing letters patent) ceases to have effect. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. It replaced the old Licensing Act of 1964. 19.In section 6(1)(b) of the London County Council (General Powers) National Parks and Access to the Countryside Act 1949 (c. 97). However in these situations, its only for private clubs where alcohol is only sold to members. If you want to make a small, low-risk change to your premises licence, you may be able to use the minor variation process. For more information see the EUR-Lex public statement on re-use. In Scotland you can apply online for an occassional licence. Here are the top five things you need to know about The Licensing Act 2003. Prohibition of alcohol sales at service areas, garages etc. A review must also be undertaken if the police have made an application for summary review on the basis that premises are associated with serious crime and/or disorder. 34.The Greater London Council (General Powers) Act 1966 is amended 35.In section 21(1) (licensing of public exhibitions, etc.). 1. of temporary event notice or statement of conditions, Meaning of relevant offence, immigration offence, foreign offence and immigration penalty, Application for grant of personal licence, Individual permitted to hold only one personal licence, Duty to notify licensing authority of convictions etc during application period. and employees. 25. In this Schedule justices' licence means a justices' licence under the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 250 0 obj <> endobj 63. All businesses and organisations that undertake licensable activities on a permanent basis must have a premises licence from their local authority. Premises that are exempt from non-domestic rating are allocated to Band A. Meaning of methylated spirits (transitory provision). a declaration by the applicant, in the form set out in Schedule 3, that either he has not been convicted of a relevant offence or a foreign offence or that he has been convicted of a relevant offence or a foreign offence accompanied by details of the nature and date of the conviction and any sentence imposed on him in respect of it. This should be undertaken as a simple administrative process by the licensing authoritys officials. Terms hbbd```b``]"_Hfs Among the types of business licenses you must obtain for your company include: 1. Business license. The Licensing Act 2003 (Mandatory Conditions) order 2014 banned the sale of alcohol below the Premises licensed to sell alcohol must have a designated premises supervisor, who holds a personal licence. 16. We also use cookies set by other sites to help us deliver content from their services. If a business is found to have purchased alcohol from an unapproved wholesaler, they may be liable to a penalty or could even face criminal prosecution and have their alcohol stock seized. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. 5 Things You Need To Know About The Licensing Act 2003 The use of wording such as "must", "shall" and "will" is encouraged. Licensing Act 2003 - Councillor's handbook (England and Wales) 12ZA. (c) The person is licensed as a class I licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072. (1) An application for the grant of a personal licence made under section 117 of the Act by a holder of a justices' licence during the period commencing on 7th February 2005 and ending on. The fees paid in respect of applications for new premises licences and club premises certificates; applications for full variations to premises licences and club premises certificates; and annual fees in respect of premises licences and club premises certificates vary dependent on the national non-domestic rateable value (NNDR) band of the premises. Each business may have only one supervisor selected for this role, but the same person may act as the designated supervisor at more than one business. In paragraph 18 (fees), for proper officer substitute clerk. A premises licence authorises the use of any premises (which is defined in the Licensing 2003 Act as a vehicle, vessel or moveable structure or any place or a part of any premises) for licensable activities as defined in section 1 of the 2003 Act. The Licensing Act 2003 brought in a large number of changes in relation to the sale of alcohol, entertainment and the ability to sell hot food or hot drinks after 11PM. 40 Wellesley Road Meaning of permitted temporary activity, Standard and late temporary event notices, Minimum of 24 hours between event periods, Counter notice following objection to late notice, Counter notice following objection to standard temporary event notice, Modification of standard temporary event notice following objection, Conditions on standard temporary event notice following objection, Counter notice where permitted limits exceeded, Right of entry where temporary event notice given, Duty to keep and produce temporary event notice and statement of conditions, Theft, loss, etc. This is issued by the licensing authority and authorises the premises or location where the activity is to take place. of holder, 51.Application for review of premises licence, 52.Determination of application for review, 52A.Review: supply of alcohol from community premises, Summary reviews in serious cases of crime or disorder, 53A.Summary reviews on application of senior police officer, 53C.Review of premises licence following review notice, 53D.Interim steps pending section 53C decision coming into effect, 54.Form etc. 86.The Representation of the People Act 1983 is amended as 87.In section 185 (interpretation of Part relating to legal proceedings), 88.In Schedule 7 (transitional and saving provision), omit paragraph 4. 89.In section 3(7) of the Video Recordings Act 1984 (exempted 90.The Building Act 1984 is amended as follows. 200 provisions and might take some time to download. 5.The provision of entertainment consisting of the exhibition of a Film exhibitions: museums and art galleries. There are four kinds of license under The Licensing Act 2003 Personal Licenses These allow the holder to sell of authorise the sale of alcohol. However, you can reapply using the full variation process. Notification of determination and issue of new licence. The Licensing Act requires the supervisor - and all personal licence holders - to take responsibility for the sale and supply of alcohol. Application for a provisional statement where premises being built, etc. Access essential accompanying documents and information for this legislation item from this tab. of certificate or summary, 80.Period of validity of club premises certificate, 81.Surrender of club premises certificate, 82.Notification of change of name or alteration of rules of club, 83.Change of relevant registered address of club, 84.Application to vary club premises certificate, 85.Determination of application under section 84, 86.Supplementary provision about applications under section 84, Variation of certificates: minor variations, 86A.Application for minor variation of club premises certificate, 86B.Determination of application under section 86A, 86C.Supplementary provision about determinations under section 86B, 87.Application for review of club premises certificate, 88.Determination of application for review, 91.Form etc. Where an application is properly made and no responsible authority orother person makes representations, the licensing authority must grant the application, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the act. (ii)is capable of being accessed by the recipient; (iii)is legible in all material respects; and. 6.(1)Except in the case of an application for the grant of a personal licence by the holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005, in which case the provisions of regulation 8 shall apply, an application for the grant of a personal licence made under section 117 of the Act (application for grant or renewal of a personal licence) shall be in the form and shall contain the information set out in Schedule 1 to these Regulations and shall be accompanied by the prescribed fee. In the following provisions, for intoxicating liquor substitute alcohol. Lunar House * * * "Reciprocal license." A license issued under section 602(a) through (e). 1.Licensable activities and qualifying club activities, 2.Authorisation for licensable activities and qualifying club activities, 4.General duties of licensing authorities. You should also contact your local council for advice on the application process. For personal license applicants the Licensing Act lays down the law for the sale and purchase of alcohol in a variety of circumstance. in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website. Club Premises Certificates CPCs are granted to venues where qualifying criteria are met and sale of alcohol takes place. Licensing framework has been an integral part of India's telecommunication law. Use this menu to access essential accompanying documents and information for this legislation item. In the case of such applications reference should also be made to the Licensing Act 2003 (Transitional provisions) Order 2005 S.I. In section 21(1) (licensing of public exhibitions, etc.). to be notified of licensing matters, 179.Rights of entry to investigate licensable activities, 180.Right of entry to investigate offences, 181.Appeals against decisions of licensing authorities, 188.Jurisdiction and procedure in respect of offences, Vessels, vehicles and moveable structures, 189.Vessels, vehicles and moveable structures, 192A.Entitlement to work in the United Kingdom. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. Every aspect of licensing will involve at least one if not all of these objectives, all Licensed Premises will have to show how they will or promoting these 4 objectives. 5. The Whole Act you have selected contains over 200 provisions and might take some time to download. You will apply for this license with your municipal government, and in some locations, you . Types of permissions under the Licensing Act 2003 Temporary Event Notices A Temporary Event Notice can be used to authorise small-scale events on a one-off or occasional basis involving. There are. PDF Mortgage Brokers, Lenders, and Servicers Licensing Act T.E.Ns An abbreviation for Temporary Event Notice which allows the sale of alcohol (and other licensable activities) on a temporary basis. PDF Revised Guidance issued under section 182 of the Licensing Act 2003