3 types of licence issued under the licensing act 2003

5. 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. 158.False statements made for the purposes of this Act, Closure of premises in an identified area, 160.Orders to close premises in area experiencing disorder, 161.Closure orders for identified premises, 164.Application to magistrates' court by police, 165.Consideration of closure order by magistrates' court, 166.Appeal from decision of magistrates' court, 167.Review of premises licence following closure order, 168.Provision about decisions under section 167, 169A.Closure notices for persistently selling alcohol to children, 170.Exemption of police from liability for damages, 172.Relaxation of opening hours for special occasions, 172A.Power to make early morning alcohol restriction order, 172B.Procedural requirements for early morning alcohol restriction order, 172C.Making of early morning alcohol restriction order, 172D.Variation and revocation of early morning alcohol restriction order, 172E.Exceptions from effect of early morning alcohol restriction order, Modification of premises licences to authorise off-sales for limited period, 172F.Authorisation of off-sales for limited period, 172H.Interim steps pending off-sales review, 172I.Off-sales review of premises licence following review application, 172J.Interim steps pending section 172I decision coming into effect, 172K.Procedural requirements in relation to off-sales reviews and hearings, 172L.Sections 172F to 172K: supplementary, 173.Activities in certain locations not licensable, 174.Certifying of premises on grounds of national security. If you want to make a small, low-risk change to your premises licence, you may be able to use the minor variation process. Description. Notification of determination and issue of new certificate. Licensing Act 2003 - Legislation.gov.uk Inspection of premises before grant of certificate etc. 3. You - or someone representing you- will be invited to the hearing to explain your concerns. PDF section 53a-c licensing act 03 guidance - GOV.UK 63. The Theatres Act 1968 is amended as follows. Application for conversion of existing club certificate. In paragraph 18 (fees), for proper officer substitute clerk. Premises licensed to sell alcohol must have a designated premises supervisor, who holds a personal licence. Your local council will want to know of any relevant criminal convictions, and these may impact on whether or not youre found to be suitable as a licensee. 12. Religious services, places of worship etc. 8. (1) An indoor sporting event is a sporting event. Premises Licence to sell alcohol: This is the principle licence issued under the 2005 Act to authorise premises to sell alcohol on a continual basis. 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. 20.In each of the following provisions of the National Parks Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65). Children and Young Persons Act 1933 (c. 12). The Sunday Observance Act 1780 ceases to have effect. Microsoft Licensing. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. Types of Licensing Agreements | UpCounsel 2023 9. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. Record labels: A record label can license its catalog of music to an overseas company instead of taking the lead in the release of the music. 10.Sub-delegation of functions by licensing committee etc. 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. You can apply for a minor variation online using the links in the premises licence and club premises certificates sections above. 5.The provision of entertainment consisting of the exhibition of a Film exhibitions: museums and art galleries. 17. 12A. 19.In section 6(1)(b) of the London County Council (General Powers) National Parks and Access to the Countryside Act 1949 (c. 97). Late night refreshment is the sale of hot food or drink to the public to consume off or on the premises) between 11pm and 5am. The Licensing Act requires the supervisor - and all personal licence holders - to take responsibility for the sale and supply of alcohol. 14. 65. You can view the forms and guidance to apply for a personal licence to sell alcohol. guidance on community involvement in licensing, postal forms and other guidance specific to premises licences, accredited personal licence qualification providers, forms and guidance to apply for a personal licence to sell alcohol, Alcohol Wholesaler Registration Scheme (AWRS), guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor, postal forms and other guidance specific to club premises certificates, postal form and guidance to vary a premises licence, postal form and guidance to vary a club certificate, postal form and guidance for minor variations to a premises licence or club certificate, apply for a temporary event notice online, postal form and guidance for a temporary event notice, information on whether you need approval to put on certain types of regulated entertainment, sale of alcohol below the The types of licences required are defined as follows: any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a premises licence anyone who. 16. 8B. You can check your rateable value at the Valuation Office Agency website. 5 Things You Need To Know About The Licensing Act 2003 The law and policy governing this area is overseen by the Home Office. The Gaming Act 1968 is amended as follows. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol. Who is responsible for licensing committee? The full variation process is very similar to the application process for a new premises licence and the fee is the same. of temporary event notice or statement of conditions, 113.Meaning of relevant offence, immigration offence, foreign offence and immigration penalty, 115.Period of validity of personal licence, 117.Application for grant of personal licence, 118.Individual permitted to hold only one personal licence, 120.Determination of application for grant, 121.Determination of application for renewal, 123.Duty to notify licensing authority of convictions etc during application period. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. 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. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. PDF Guidance on Making Representations under the Licensing Act 2003 Download the full list of accredited personal licence qualification providers. 118. The Housing Act 1985 is amended as follows. The administration of the Licensing Act 2003, including receiving and determining all applications under the act, is carried out by licensing authorities based within local councils at district or unitary level. (ii)is capable of being accessed by the recipient; (iii)is legible in all material respects; and. Well send you a link to a feedback form. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 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. (1) The provision of any entertainment that consists of or Boxing or wrestling entertainment: certain forms of wrestling. 76.The Local Government, Planning and Land Act 1980 is amended 77.Sections 131 and 132 (licensing in new towns) cease to 78.In section 133 (miscellaneous provision about new towns), in subsection 79.In section 146 (disposal of land by urban development corporation) Indecent Displays (Control) Act 1981 (c. 42). in addition to the documents mentioned in paragraph 23(3) of Schedule 8 to the Act, by a second photograph of the applicant in identical form to the requirements in respect of a photograph of the applicant set out in article 10 of the Licensing Act (Transitional provisions) Order 2005(. For further information see the Editorial Practice Guide and Glossary under Help. 49. All businesses and organisations selling or supplying alcohol, except members clubs and certain community premises must have a designated premises supervisor. 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. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). How do I change my licence or club certificate? 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. 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). 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. 176.Prohibition of alcohol sales at service areas, garages etc. In section 9 (interpretation) (a) omit subsection (5), and. 56.The Local Government Act 1972 is amended as follows. 21.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 22.In section 14(2)(a) (protection against insecurity of tenure of place 23.In section 18(3)(a) (protection against insecurity of tenure in connection 24.In section 27(1) (renewal of tenancy expiring during period of 25.The Hypnotism Act 1952 is amended as follows. The "Challenge 25" Scheme suggests acceptance of Passports, Photographic Driver's Licences and PASS approved cards. 143.Failure to leave licensed premises etc. Licensing Act 2003 is up to date with all changes known to be in force on or before 01 May 2023. New provisions for businesses buying alcohol from wholesalers come into force. (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). 11. of applications and notices under Part 4, 92A.Suspension of club premises certificate for failing to pay annual fee. Members clubs can operate under club premises certificates instead of premises licences. It may include: You can read information on whether you need approval to put on certain types of regulated entertainment. 59.Inspection of premises before grant of licence etc. of applications and notices under Part 3, 55A.Suspension of premises licence for failing to pay annual fee. 56.Licensing authoritys duty to update licence document. The Licensing Act 2003 has 4 key objectives. 12ZA. 1.The Universities (Wine Licences) Act 1743 ceases to have effect. 2.The Disorderly Houses Act 1751 does not apply in relation 3.The Sunday Observance Act 1780 ceases to have effect. (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. Registered societies, friendly societies etc. 85. 69.Authorised persons and responsible authorities, 71.Application for club premises certificate, 72.Determination of application for club premises certificate, 73.Certificate authorising supply of alcohol for consumption off the premises, 73A.Mandatory conditions relating to the supply of alcohol to members or guests, 73B.Power of Secretary of State to impose section 73A mandatory conditions, 74.Mandatory condition: exhibition of films, 75.Prohibited conditions: associate members and their guests, 77.Grant or rejection of application for club premises certificate, 79.Theft, loss, etc. 52. If the police or local government have any questions or concerns about the business, they will expect to be able to reach the designated supervisor. 111.In section 63 of the Criminal Justice and Public Order Deregulation and Contracting Out Act 1994 (c. 40). 10. Variation of licence to specify individual as premises supervisor. It lays out the rules both individuals and premises to need to follow to carry out a licensable activities. 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. 21. Where a licence application was made prior to the coming . of licence holder, 50.Reinstatement of licence on transfer following death etc. Premises Licenses These are given to the venue itself with conditions to abide by. 4.An offence under section 1 of the Trade Descriptions Act 5.An offence under any of the following provisions of the 6.An offence under section 7(2) of the Gaming Act 1968 7.An offence under any of the following provisions of the 7A.An offence under any of the Immigration Acts. PDF Revised Guidance issued under section 182 of the Licensing Act 2003 The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. endstream endobj startxref Clubs which are not recognised clubs: members and guests. Here are the top five things you need to know about The Licensing Act 2003. Other legal restrictions for clubs operating under a club premises certificate are in the Licensing Act 2003. Operating Licence An Operating Licence permits a licensee to operate specific gambling facilities, for. Club Premises Certificates CPC's are granted to venues where qualifying criteria are met and sale of alcohol takes place. Regulated entertainment is broadly defined as any entertainment that takes place in the presence of an audience (whether members of the public or a club), or otherwise for profit, and the premises have the purpose of providing the entertaining concerned. In Scotland you can apply online for an occassional licence. 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. Application for club premises certificate, Determination of application for club premises certificate, Certificate authorising supply of alcohol for consumption off the premises, Mandatory conditions relating to the supply of alcohol to members or guests, Power of Secretary of State to impose section 73A mandatory conditions, Prohibited conditions: associate members and their guests, Grant or rejection of application for club premises certificate, Theft, loss, etc. 1.14 The 2003 Act provides for four different types of authorisation or permission, as follows: Premises licence - to use premises for licensable activities. CR9 2BY, To email immigration enforcement: Alcohol@homeoffice.gov.uk. memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003 Licensable Activities . You can apply online if your council accepts electronic applications, please use our licence finder to find the appropriate forms. 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. a member of the company of the Master, Wardens, Freemen and Commonalty of the Mistery of the Vintners of the City of London; a person operating under a licence granted by the University of Cambridge;or. hTKSq?z:u6*&iDSq0e?-G+6IPV"^9ZHnQ=(z$Dm xXCYz?]99 H J`)A>/g}%KWu&W. You can apply to vary a DPS by following the online process in the premises licence section above. Rejection of applications relating to club premises certificates. 3. 57.In section 78(1)(supplementary provision relating to changes in local government 58.In section 101 (arrangements for discharge of functions by local 59.In section 145(4) (provision of entertainment), for intoxicating liquor substitute 60.Section 204 (licensed premises) ceases to have effect. 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. 98.Meaning of permitted temporary activity, 100A.Standard and late temporary event notices, 101.Minimum of 24 hours between event periods, 104.Objection to notice by a relevant person, 104A.Counter notice following objection to late notice, 105.Counter notice following objection to standard temporary event notice, 106.Modification of standard temporary event notice following objection, 106A.Conditions on standard temporary event notice following objection, 107.Counter notice where permitted limits exceeded. Licence fees are prescribed in regulations (the Licensing Act 2003 (Fees) Regulations 2005). Sub-delegation of functions by licensing committee etc. In the following provisions, for intoxicating liquor substitute alcohol. 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. Omit paragraph 11 (payment of indemnity from central funds). Use this menu to access essential accompanying documents and information for this legislation item. "Licensee." A person who holds a standard license or a reciprocal license. 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). 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. These Regulations make provision for the detailed requirements to be fulfilled by applicants for personal licences under Part 6 of the Licensing Act 2003 (c. 17) (the Act). The Building Act 1984 is amended as follows. T.E.Ns An abbreviation for Temporary Event Notice which allows the sale of alcohol (and other licensable activities) on a temporary basis. 96.The Sporting Events (Control of Alcohol etc.) Alternatively you can download the postal form and guidance for minor variations to a premises licence or club certificate. 177.Dancing in certain small premises, 177A.Licence review for live and recorded music, 178.Right of freeholder etc. 3. Advanced Search (including Welsh legislation in Welsh language), Licensable activities and qualifying club activities, Authorisation for licensable activities and qualifying club activities. PDF Licensing Act 2003 Best Practice Guidance Document and - Crawley (c)a person operating premises under a licence granted by the Board of the Green Cloth. 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). 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. 6.For the purposes of this Schedule (a) the supply of Matters to be entered in licensing register. Premises that do not have a NNDR because they under construction are allocated to Band C. An additional fee may be payable in respect of large scale events, where 5,000 or more people are due to attend at a venue that is not purpose-built. Authorised persons and responsible authorities, Meaning of designated premises supervisor, Determination of application for premises licence, Mandatory conditions where licence authorises supply of alcohol, Power of Secretary of State to impose section 19(4) mandatory conditions, Theft, loss, etc. 4.Section 35 of the Town Police Clauses Act 1847 (harbouring 5.The following provisions of the Cambridge Award Act 1856 cease 6.In the First Schedule to the Inebriates Act 1898 (offences 7.The Licensing Act 1902 is amended as follows. is capable of being accessed by the recipient; is capable of being read and reproduced in legible written form and used for subsequent reference; the person to whom the application is to be given has agreed in advance that an application may be given to them by those means; and. 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. 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. Otherwise, you can apply by using the postal forms available in the relevant section of this guidance. You can also download the variation form on the designated premises supervisor forms page. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. Production of certificate, rights of entry, etc.

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