Licensing Act 2003 Licensing Policy

Premises licences

4.1A premises licence authorises the holder to use the premises for licensable activities according to operating conditions that uphold the licensing objectives. Unless required for a limited period, a premises licence is effective until it is either revoked or surrendered.

Club premises certificates

4.2Social and private member clubs need a club premises certificate in order to supply alcohol and provide regulated entertainment for club members and guests. Qualifying clubs are entitled to certain benefits compared to other premises.

Applications

4.3Applicants applying for a new or a variation to a premises licence or club premises certificate must include an operating schedule or a club operating schedule. The application must be copied to responsible authorities and advertised for the benefit of other persons (see glossary - appendix 2 and the list of responsible authorities - appendix 3). The operating schedule shall include information which is necessary to enable any responsible authority or interested party to assess whether the steps to be taken to promote licensing objectives are satisfactory.

4.4Each application will be considered on its individual merits. If an application for a premises licence or club premises certificate has been lawfully made and there has been no representations from responsible authorities or other persons, the Licensing Authority must grant the application subject only to conditions that are consistent with the operating schedule or club operating schedule and any mandatory conditions prescribed in the 2003 Act itself. Should relevant representations be received, the Licensing Authority may impose conditions if it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate and proportionate to do so in order to promote one or more of the licensing objectives.

4.5However, in order to minimise problems and the necessity for hearings, it would be advisable for applicants and clubs to consult with responsible authorities when schedules are being prepared. This would allow for proper liaison before representations prove necessary.

Minor variations

4.6The minor variation process has been introduced to allow a simplified process for making applications for small variations (that not will not adversely affect the licensing objectives) to an existing licence.

This process does not require the applicant to advertise the application or send to responsible authorities. However, a white notice must be displayed on the premises and the licensing authority must consult responsible authorities if there is any doubt about the impact of the variation on the licensing objectives and it requires specialist advice. 

Minor variations will generally fall into four categories:

• minor changes to the structure or layout of a premises
• small adjustments to licensing hours
• the removal of out of date irrelevant or unenforceable conditions
• the addition of certain licensable activities

In all cases the overall test is whether the proposed variation could impact adversely on any of the four licensing objectives.

Personal licences

4.7A personal licence authorises an individual to sell or authorise the supply of alcohol in accordance with a premises licence. Originally personal licences were valid for 10 years then renewable. The Deregulation Act 2015 has removed the requirement to renew a personal licence with effect from 1 April 2015. Personal licences are now valid for life unless surrendered or withdrawn. They are portable, which means licensees may use them at any licensed premises in England or Wales.

Designated premises supervisor

4.8The sale and supply of alcohol, because of its potential impact on the wider community and on crime and disorder and antisocial behaviour, carries with it greater responsibility than that associated with the provision of regulated entertainment and late-night refreshment. This is why individuals who may be engaged in making and authorising such sales require a personal licence. The premises licence must show the name of the Designated Premises Supervisor (DPS) who takes responsibility for the sale and supply of alcohol in those premises. The DPS will normally be the person who has been given day to day responsibility for running the premises by the premises licence holder. Only one DPS may be specified in a single premises licence, but a DPS may supervise more than one premises as long as they are able to ensure that the four licensing objectives are properly promoted and the premises complies with licensing law and licence conditions.

Temporary event notices

4.9Temporary events attended by fewer than 500 people will not require a licence. However, the organisers will need to submit a Temporary Event Notice (TEN) to the Licensing Authority, Environmental Health and the Police (to see if they object) informing them of the event. There are 2 types of TENs:

• a standard TEN, which is given no later than 10 working days before the event to which it relates
• a late TEN, which is given not before 9 and not later than 5 working days before the event

A key difference between standard and late TENs is the process following an objection notice from the police or Environmental Health. Where an objection notice is received in relation to a standard TEN the licensing authority must hold a hearing to consider the objection, unless all parties agree that a hearing is unnecessary. If the police, Environmental Health or both give an objection to a late TEN, the notice will not be valid, and the event will not go ahead as there is no scope for a hearing or the application of any existing conditions.

The following limitations apply:

• the number of times a person (the premise user) may give a temporary event notice (50 times per calendar year for a personal licence holder and 5 times per calendar year for other people)
• the number of times a premises user may give a late TEN is limited to 10 times in a calendar year for a personal licence holder and twice for other people
  • late TENs count towards the total number of permitted TENs (i.e. the limit of five TENs a year for non-personal licence holders and 50 TENs for personal licence holders)
  • a notice that is given less than ten working days before the event to which it relates, when the premises user has already given the permitted number of late TENs in that calendar year, will be returned as void and the activities described in it will not be authorised
• the number of times a TEN may be given for any particular premises is 15 times in a calendar year
• the maximum duration of an event authorised by a TEN is 168 hours (seven days)
• the maximum total duration of the events authorised by TENs in relation to individual premises is 21 days in a calendar year
• the maximum number of people attending at any one time is 499
• the minimum period between events authorised under separate TENs in relation to the same premises (not including withdrawn TENs) by the same premises user is 24 hours

The statutory ten working days' notice means ten working days exclusive of the day on which the event is to start, and exclusive of the day on which the notice is given.