News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. may also experience some issues with your browser, such as an alert box that a script is taking a The Local Government Act 1972 is amended as follows. Premises Licenses These are given to the venue itself with conditions to abide by. Updated information on accreditation for personal licences. How do I change my licence or club certificate? Omit paragraph 11 (payment of indemnity from central funds). 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. 1. 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 . 250 0 obj <> endobj endstream endobj startxref We use some essential cookies to make this website work. 11. Can I do simple additional courses to take my career to the next level. Licensing Act 2003 5 The Licensing Act: An overview Context The Licensing Act 2003 (the Act) replaced earlier controls of alcohol and introduced a more permissive, flexible regime. Act 1985 (c. 57). The Licensing Act 2003. (iv)is capable of being read and reproduced in legible written form and used for subsequent reference; (b)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. The use of wording such as "must", "shall" and "will" is encouraged. You can apply online if your council accepts electronic applications. Objectives of the Act. In the case of such applications reference should also be made to the Licensing Act 2003 (Transitional provisions) Order 2005 S.I. 12ZA. 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. 5. 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). The Whole We offer price match if you find the same course 9.(1)An application shall be given in writing. This date is our basedate. The aim of the qualification is to ensure that licence holders are aware of licensing law and the wider social responsibilities involved in the sale of alcohol. attempt. 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. Lunar House Examples of Licensing. For further information, see Schedule 1 to the Licensing Act 2003. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. 53.For section 5(3) of the City of London (Various Powers) 54.In section 6(2)(b) of the Finance Act 1970 (Angostura bitters) 55.The Sunday Theatre Act 1972 ceases to have effect. It will take only 2 minutes to fill in. In order to apply, you must be aged 18 years or over, and (in almost all cases) hold a relevant licensing qualification - for example, the BIIAB Level 2 Award for Personal Licence Holders or a similar accredited qualification. Keeping alcohol on premises for unauthorised sale etc. 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. You can do this online using the links in the premises licence and club premises certificates sections above. 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. 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). 1.Where a licensing authority (a) rejects an application for a Decision to grant premises licence or impose conditions etc. Are you looking for a job? (1) The provision of relevant entertainment (a) at premises for 12.The provision of any entertainment (a) on premises consisting Entertainment provided by health care providers, local authorities and school proprietors. 14. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 56.The Local Government Act 1972 is amended as follows. of licence holder. cost of duty plus VAT, guidance on mandatory 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. 8A. 13. of holder, Application for review of premises licence, Review: supply of alcohol from community premises, Summary reviews on application of senior police officer, Review of premises licence following review notice, Interim steps pending section 53C decision coming into effect, Form etc. 12D. Advanced Search (including Welsh legislation in Welsh language), Licensable activities and qualifying club activities, Authorisation for licensable activities and qualifying club activities. It may include: You can read information on whether you need approval to put on certain types of regulated entertainment. 177.Dancing in certain small premises, 177A.Licence review for live and recorded music, 178.Right of freeholder etc. 176.Prohibition of alcohol sales at service areas, garages etc. (1) Health care provider means a person providing any form 20.Local authority means (a) a local authority within the meaning Schools, school proprietors and school premises. 15. 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. 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 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). New provisions for businesses buying alcohol from wholesalers come into force. Notification of determination and issue of new licence. 111.In section 63 of the Criminal Justice and Public Order Deregulation and Contracting Out Act 1994 (c. 40). (2)The application shall be accompanied by. Greater London Council (General Powers) Act 1966 (c. xxviii). Thinking of applying for a Personal Licence? mortgage lender, or mortgage servicer and a licensed loan officer if that licensure is required under the mortgage loan originator licensing act. 17. In Scotland you can apply online for an occassional licence. * * * "Standard license." Any license issued under this act that is not a reciprocal license. 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. 10. 52. %%EOF Here are the top five things you need to know about The Licensing Act 2003. 56.Licensing authoritys duty to update licence document. 13.Authorised persons and responsible authorities, 15.Meaning of designated premises supervisor, 18.Determination of application for premises licence, 19.Mandatory conditions where licence authorises supply of alcohol, 19A.Power of Secretary of State to impose section 19(4) mandatory conditions, 20.Mandatory condition: exhibition of films, 25.Theft, loss, etc. There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. See our guidance on community involvement in licensing. 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 Hypnotism Act 1952 is amended as follows. Greater London Council (General Powers) Act 1978 (c. xiii). 6. 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. 8. If you run or are involved in a community, church or village hall that wishes to sell alcohol or already sells it, you can apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor. 284 0 obj <>stream 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. The offence at common law of conspiracy to defraud. Under the Indian Telegraph Act, 1885, section 4 gives power to the government to grant licence to any person to establish, maintain or use a telegraph. Get a full refund if you dont like the course. (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). If representations are made by a responsible authority or other person, it is for the licensing authority to decide whether those representations are relevant to the licensing objectives and not frivolous or vexatious. 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. 82.The Local Government (Miscellaneous Provisions) Act 1982 is amended as 83.The following provisions cease to have effect. Premises that are exempt from non-domestic rating are allocated to Band A. (b)in the second part, the matters referred to in section 125(3) of the Act and the matters referred to in (a) except that the photograph of the holder shall be omitted. 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. 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. All businesses and organisations that undertake licensable activities on a permanent basis must have a premises licence from their local authority. Eligibility and guidance notes Download the. "License." The term includes both a standard license and a reciprocal license. 98.Omit section 2(1A) (application to private rooms of offence of 99.The following provisions cease to have effect. Application for conversion of existing club certificate. You can view the forms and guidance to apply for a personal licence to sell alcohol. 269 0 obj <>/Filter/FlateDecode/ID[<6680947ACE9B4CB59E2994B92A109CA6>]/Index[250 35]/Info 249 0 R/Length 97/Prev 320662/Root 251 0 R/Size 285/Type/XRef/W[1 3 1]>>stream 138.Keeping alcohol on premises for unauthorised sale etc. The Licensing Act 2003 is at the core of the Personal License qualification. (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). You can apply online if your council accepts electronic applications, there is a separate online application depending on whether you are in England and Wales, Scotland or Northern Ireland. 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. The Sporting Events (Control of Alcohol etc.) full face uncovered and without sunglasses and, unless the applicant wears a head covering due to his religious beliefs, without a head covering, 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, a criminal conviction certificate issued under section 112 of the Police Act 1997(, a criminal record certificate issued under section 113A of the Police Act 1997, or, the results of a subject access search under the Data Protection Act 1998(. Description. 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. of personal licence, 127.Duty to notify change of name or address, Conviction of licence holder for relevant offence, 128.Duty to notify court of personal licence, 129.Forfeiture or suspension of licence on conviction for relevant offence, 130.Powers of appellate court to suspend order under section 129, 131.Courts duty to notify licensing authority of convictions, 132.Licence holders duty to notify licensing authority of convictions etc, 132A.Convictions etc of licence-holder: powers of licensing authority, 133.Form etc. Registered societies, friendly societies etc. The following provisions cease to have effect. You can apply for a minor variation online using the links in the premises licence and club premises certificates sections above. 11. (1) Paragraph 8 of Schedule 2 to the Private Security Criminal Justice and Police Act 2001 (c. 16). Find out about the Energy Bills Support Scheme, Businesses buying alcohol from wholesalers. These types of license agreements usually cost less for the licensee. 10.At the end of section 2 of the Celluloid and 11.The Sunday Entertainments Act 1932 ceases to have effect. Variation of licence to specify individual as premises supervisor. 17. %PDF-1.7 % Lotteries and Amusements Act 1976 (c. 32). cheaper elsewhere. 8. 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. fH&H4_f`0;lZX DI-@k& q*~0 C Under the Licensing act 2003, there are 4 noted Licensable Activities, that can be authorised under a Premises License, Club Premises Certificate or Temporary Event Notice. 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. 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. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. 8D. * * * Section 1.1. You must complete a consent form, which is provided as part of the online application for a premises licence, and can also be downloaded from the designated premises supervisor forms page. This article will argue that reform under the MLA 2003 has also improved the moneylending licensing regime. 1.2 This guidance has no statutory basis but is intended to assist police forces and licensing authorities when considering using the procedures. 10. All you need to do is enter your area or your preferred job title to find your next big break! (1) This paragraph applies where a review of interim steps Summary off-sales review of premises licence. Consistently rated 5-stars on review sites like You have rejected additional cookies. 26. The Licensing Act imposes licensing requirements on all retailers, wholesalers, distributors, manufacturers, and importers of cigarettes and tobacco products. 63. Registered societies, friendly societies etc. 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. 49. 11. 0 For further information, see Schedule 2 to the Licensing Act 2003. Rejection of applications relating to club premises certificates. However, you can reapply using the full variation process. The types of businesses and organisations that need alcohol licences might include: The types of licences required are defined as follows: To apply for a licence, you will need to complete an application form and send it to your local council, along with the fee. The Whole (1) In this Schedule, entertainment facilities means facilities 4.The Secretary of State may by order amend this Schedule Film exhibitions for the purposes of advertisement, information, education, etc. (b)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(4) except that the second photograph does not need to be endorsed with a statement verifying the likeness of the photograph to the applicant. Personal Licenses These allow the holder to sell of authorise the sale of alcohol. 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. Dont include personal or financial information like your National Insurance number or credit card details. 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. 5.The provision of entertainment consisting of the exhibition of a Film exhibitions: museums and art galleries. 102.The Housing Act 1985 is amended as follows. Greater London Council (General Powers) Act 1984 (c. xxvii). Croydon The Sunday Entertainments Act 1932 ceases to have effect. 61. What are the 4 main licensing objectives? Licence Type. Because of these issues, selling alcohol carries greater responsibility than licensing regulated entertainment and late night sales of food and non-alcoholic drinks. Changes from the previous (April 2018) version include: 1. Look no further for the best new Security Officers! 12. You can also call for an existing licence to be reviewed by the council if you have concerns relating to the licensing objectives. 21. 140.Allowing disorderly conduct on licensed premises etc. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 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. 12ZB. Your council will be able to provide further details. 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. 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. (2)Notwithstanding the requirement in paragraph (1) and subject to paragraph (3), that requirement shall be satisfied in a case where. You can apply online if your council accepts electronic applications, please use our licence finder to find the appropriate forms. 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). 2A. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). (a)must provide on request the forms listed in the Schedules printed on paper; or. 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. (1) Schedule 9 (permits in respect of amusement machine premises) City of London (Various Powers) Act 1968 (c. xxxvii). The personal licence is designed to ensure that anybody running or managing a business that sells or supplies alcohol will do so in a professional fashion. Comments may be positive or negative, but will only be considered relevant by the council if they relate clearly to the licensing objectives: Councils will also reject comments considered to be frivolous (not serious or time-wasting) or if they relate to personal disputes between businesses. 3. (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. 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. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. Download the full list of accredited personal licence qualification providers. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards 2. 65. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. 3.35 It is a criminal offence under section 136 of the 2003 Act to carry on any of the licensable activities listed at paragraph 3.2 above other than in accordance with a licence or other . forthwith on sending the text of the application by electronic means, the application is given to the recipient in writing. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. (This note is not part of the Regulations). This Act may be cited as the Business Licensing Act, 1972 and shall be deemed to have come into operation on the first day of Septe-mber, 1972. Application for conversion of existing licence. 141.Sale of alcohol to a person who is drunk, 142.Obtaining alcohol for a person who is drunk. Prevention of Crime and disorder -. Meaning of methylated spirits (transitory provision). If youre organising a temporary event and want to serve or sell alcohol, provide late night refreshment, or put on regulated entertainment, youll need to complete a temporary event notice (TEN). Representation of the People Act 1983 (c. 2). Religious services, places of worship etc. Licensing Objectives If you wish to make a representation, then the issue must relate to one of the following licensing objectives or it will not be valid. All businesses and organisations selling or supplying alcohol, except members clubs and certain community premises must have a designated premises supervisor. It lays out the rules both individuals and premises to need to follow to carry out a licensable activities. 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. Section 204 (licensed premises) ceases to have effect. The Criminal Appeal Act 1968 is amended as follows. 110. (1) The supply of hot food or hot drink on Exempt supplies: premises licensed under certain other Acts. Copyright Copyright 2022 | All rights reserved | Call Us 0207 078 7259, 5 Things You Need To Know About The Licensing Act 2003, The difference between the Green CSCS card and other CSCS card types: Which one is right for you, GuardPass The Ultimate All-in-one Security App. For more tips, the latest security news and exciting prize draw campaigns, sign up above to receive emails and stay updated. It is now the responsibility of the council. Production of certificate, rights of entry, etc. 8.An offence under either of the following provisions of the 9.An offence under either of the following provisions of the 10.An offence under either of the following provisions of the 11.An offence under the Forgery and Counterfeiting Act 1981 (c. 12.An offence under the Firearms (Amendment) Act 1988 (c. 45). 13.An offence under any of the following provisions of the 14.An offence under any of the following provisions of the 15.An offence under either of the following provisions of the 16.An offence under section 92(1) or (2) of the Trade 17.An offence under the Firearms (Amendment) Act 1997 (c. 5). 19.A violent offence, being any offence which leads, or is 19A.An offence listed in Part 1 of Schedule 15 to 19B.An offence listed in Part 3 of Schedule 15 to 20.An offence under section 3 of the Private Security Industry 21.An offence under section 46 of the Gambling Act 2005 22ZA.An offence under any of the following provisions of the 22A.An offence under regulation 6 of the Business Protection from 23.An offence under regulation 8, 9, 10, 11 or 12 23A.An offence under any of the following provisions of the 23B.An offence listed in section 41 of the Counter-Terrorism Act 24.An offence under section 1 of the Criminal Attempts Act 25.An offence under section 1 of the Criminal Law Act 26.The offence at common law of conspiracy to defraud. licensing conditions. T.E.Ns An abbreviation for Temporary Event Notice which allows the sale of alcohol (and other licensable activities) on a temporary basis. 85. Lessening the burden on persons operating an alcohol delivery service to suggest they " may consider contacting their licensing authority" (previously "should") under paragraph 3.10 3. Children and Young Persons Act 1933 (c. 12). This is issued by the licensing authority and authorises the premises or location where the activity is to take place. 10.Sub-delegation of functions by licensing committee etc. No changes have been applied to the text. Licence fees are prescribed in regulations (the Licensing Act 2003 (Fees) Regulations 2005). You will also need to provide a basic criminal conviction disclosure form. Get Licensed is a training marketplace and not a training provider.