Licensing Act 2003

The Act came into force on 24 November 2005. The Act established a single integrated system for licensing premises which are used to supply alcohol, provide regulated entertainment or to provide late night refreshment. Under the previous regime separate licences were needed for each of the previously mentioned activities and so this Act is partly intended to reduce cost and simplify procedure.

What are the main changes?

• Premises now have flexible opening hours, subject to consideration of the impact on local residents and businesses.  This means that although a premises can open for longer it can only do so after successful consultation with those who may be directly affected by these longer hours, as well as consultation with a series of responsible authorities, for example the Police, Fire Service, Environmental Health etc.
• Flexible hours mean staggered closing times.  The government's intention is to reduce the crime and disorder and public nuisance associated with the old "chucking-out time" at 11pm.
• Local authorities now issue the licences that the magistrates' courts used to issue. Each Premises Licence application is made to the local authority which ensures that local residents, businesses and responsible authorities are made aware of the application. These groups are then invited to make comment on the application and so become involved in the final decision to grant or deny the licence.

What activities are covered by the Licensing Act 2003?

The Act lists four licensable activities which are to be regulated by the provisions of the Act. These are

• The sale by retail of alcohol
• The supply of alcohol by a club to its members
• The provision of regulated entertainment
• The provision of late night refreshment

Regulated entertainment includes

• A 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
• Entertainment of a similar description to live music, recorded music or performance of dance
• The provision of facilities for making music, dancing or similar

but only where the entertainment takes place in the presence of an audience and is provided for the purpose of entertaining that audience

Late night refreshment is the provision of hot food and/or drink at any time between the hours of 23:00hrs and 05:00hrs the next day.

What are the objectives of the Act?

The Act promotes four licensing objectives and all licence applications have to establish how they intend to promote compliance with them.  The licensing objectives are

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

Any licence application that fails to adequately address these issues will find it difficult to obtain a licence.

Do I need a licence?

You may do if you intend to provide a licensable activity for members of the public.  If you intend to sell alcohol from a premises, for example a pub, an off-licence or restaurant, you will need to obtain a Premises Licence.  If you intend to provide any form of regulated entertainment from a premises, such as a pub or restaurant, you will need to obtain a Premises Licence.  If you intend to sell hot food after 11pm, for example in a restaurant, take-away shop or burger van, you will need a Premises Licence.  If you have a private members club that supplies alcohol or provides regulated entertainment you will require the equivalent of a Premises Licence, called a Club Premises Certificate.

Do I need a licence if I work in a pub?

You may require a Personal Licence if you work in a premises that sells alcohol. Every premises that sells alcohol by retail is required to have a designated premises supervisor (dps).  A dps is ultimately responsible for alcohol sales.  The dps must possess a Personal Licence, so if you wish to become a dps you will require a Personal Licence.

Further information?

The Department of Culture Media and Sport is responsible for this Act and their website has thorough details of all aspects of the Act. Visit www.culture.gov.uk and click the link for Alcohol and Entertainment.

Havering's Licensing Authority can be contacted via any of the methods listed below. Remember – we are here to help you.

Licensing Team

5^th Floor Mercury House

Mercury Gardens

Romford

Essex

RM1 3SL

E-mail licensing@havering.gov.uk

Tel 01708 432777

Fax 01708 432554