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. cheaper elsewhere. For more information see the EUR-Lex public statement on re-use. Where a licence application was made prior to the coming . Alcohol licensing - GOV.UK The Schedules you have selected contains over 200 provisions and might take some time to download. Microsoft Licensing. 98.Omit section 2(1A) (application to private rooms of offence of 99.The following provisions cease to have effect. of applications and notices under Part 4, 92A.Suspension of club premises certificate for failing to pay annual fee. 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. At a hearing, the licensing authority may: All decisions of the licensing authority, and any conditions imposed, must beappropriate for the promotion of the licensing objectives. 5. 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)must provide on request the forms listed in the Schedules printed on paper; or. taken against a light background so that the applicants features are distinguishable and contrast against the background. The law and policy governing this area is overseen by the Home Office. Section 204 (licensed premises) ceases to have effect. You will also need to provide a basic criminal conviction disclosure form. The Licensing Act requires the supervisor - and all personal licence holders - to take responsibility for the sale and supply of alcohol. Trustpilot, We never charge any booking or hidden fees, Get FREE access to eLearning course materials instantly 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. Licensing Act 2003 explained - Sutton Council 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. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Can I do simple additional courses to take my career to the next level. 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. 110. a person operating premises under a licence granted by the Board of the Green Cloth. These licences may be permanent, for a limited period, or for one-off. 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). Existing club certificate revoked after grant of new certificate. 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. 12.The Children and Young Persons Act 1933 is amended as 13.In section 5 (giving alcohol to a child under five) 14.In section 12 (failing to provide for safety of children 15.In section 107 (interpretation), omit the definition of intoxicating liquor. 16.In section 226 of the Public Health Act 1936 (power London Building Acts (Amendment) Act 1939 (c. xcvii). Licensing Act 2003: statutory guidance - GOV.UK Dont worry we wont send you spam or share your email address with anyone. 29.Application for a provisional statement where premises being built, etc. (i)a criminal conviction certificate issued under section 112 of the Police Act 1997(2), (ii)a criminal record certificate issued under section 113A of the Police Act 1997, or, (iii)the results of a subject access search under the Data Protection Act 1998(3) of the Police National Computer by the National Identification Service, and, in any case such certificate or search results shall be issued no earlier than one calendar month before the giving of the application to the relevant licensing authority, and. 20.In each of the following provisions of the National Parks Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65). These are Premises Licences, Club Premises Certificates, Personal Licences and temporary event notices. 12. If you need help with understanding types of licensing agreements, you can post your legal . The Licensing Act 2003 has set four licensing objectives, all of which are of equal importance. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. (a)a member of the company of the Master, Wardens, Freemen and Commonalty of the Mistery of the Vintners of the City of London; (b)a person operating under a licence granted by the University of Cambridge;or. 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. Alcohol Licensing in Scotland - Glasgow City Council 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). The Gaming Act 1968 is amended as follows. All you need to do is enter your area or your preferred job title to find your next big break! (1) The supply of hot food or hot drink on Exempt supplies: premises licensed under certain other Acts. This Part has effect for the purposes of this Schedule. (1) A performance of a play means a performance of An exhibition of a film means any exhibition of moving (1) An indoor sporting event is a sporting event. 12ZB. If you are in England and Wales you can apply for a temporary event notice online. PDF section 53a-c licensing act 03 guidance - GOV.UK Licensable activities If you are planning to sell alcohol, provide regulated entertainment (live or recorded music, films, plays etc) or supply late night refreshments you need to apply for a licence to do that activity under the Licensing Act 2003. Representation of the People Act 1983 (c. 2). 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 (1) Paragraph 1 (interpretation) is amended as follows. The use of wording such as "must", "shall" and "will" is encouraged. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 102.The Housing Act 1985 is amended as follows. Other legal restrictions for clubs operating under a club premises certificate are in the Licensing Act 2003. Licence fees are prescribed in regulations (the Licensing Act 2003 (Fees) Regulations 2005). However, in the telecom sector, the government had complete monopoly until the early 1990s. New provisions for businesses buying alcohol from wholesalers come into force. 26. (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. 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. Eligibility and guidance notes Download the. Find out about the Energy Bills Support Scheme, Businesses buying alcohol from wholesalers. They will need to check the wholesalers Unique Registration Number (URN) against the HMRC online database. 56.Licensing authoritys duty to update licence document. 3. Greater London Council (General Powers) Act 1966 (c. xxviii). Section 17 (existing letters patent) ceases to have effect. What are the 3 types of licence issued under the Licensing Act 2003 False statement relating to licensing etc. 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. Variation of licence to specify individual as premises supervisor. Examples of Licensing. (1) Paragraph 8 of Schedule 2 to the Private Security Criminal Justice and Police Act 2001 (c. 16). Prohibition of alcohol sales at service areas, garages etc. Premises that are exempt from non-domestic rating are allocated to Band A. Alternatively you can view the postal forms and other guidance specific to club premises certificates. Club Premises Certificates CPC's are granted to venues where qualifying criteria are met and sale of alcohol takes place. 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. 5. 96.The Sporting Events (Control of Alcohol etc.) In section 5(4)(a) (definition of booking office). Personal licences allow you to sell alcohol on behalf of any business that has a premises licence or a club premises certificate. These types of license agreements usually cost less for the licensee. Determination of application under section 34 36. If you disagree with the councils decision following a hearing, you have the right to appeal to the magistrates court. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol. 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 Building Act 1984 is amended as follows. 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. Find exciting opportunities on the GuardPass app. A designated premises supervisor (DPS) is the person who has day-to-day responsibility for the running of the business. Updated information on accreditation for personal licences. 250 0 obj <> endobj EMROs are designed to address recurring problems such as: You can find the form for a licensing authority to make an EMRO, along with the form to make representations about a proposed EMRO, on the EMRO forms page. 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. "License." The term includes both a standard license and a reciprocal license. Terms Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. Act 1985 is 97.In the following provisions, for intoxicating liquor substitute alcohol. Types of Licensing Agreements - BrewerLong 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 applications and notices under Part 4, Suspension of club premises certificate for failing to pay annual fee, Licensing authoritys duty to update club premises certificate. to be notified of licensing matters, Rights of entry to investigate licensable activities, Appeals against decisions of licensing authorities, Jurisdiction and procedure in respect of offences, Entitlement to work in the United Kingdom. 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. 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. Licence review for live and recorded music, Right of freeholder etc. 2005/40. Types of licence - Basingstoke PDF Table of Contents Inspection of premises before grant of licence etc. 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. 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. The Regulations require the relevant licensing authority to provide the application forms for applicants on request and provides a discretion to provide these on its website. PDF The Business Licensing Act, 1972 Table of Contents 49. The Licensing Act 2003 (Personal licences) Regulations 2005 (1) For the purposes of this Act, a person provides 2.Food or drink supplied on or from any premises is Exempt supplies: designated areas, descriptions of premises and times. 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. If the council considers your reasons for making representations or calling for a review are relevant, it will arrange a hearing to consider the evidence. There is no such requirement for the supply of alcohol in a members club. of premises licence or summary, Grant of premises licence: supply of alcohol from community premises, Death, incapacity, insolvency etc. 12D. of licence holder. The GuardPass App is available for download on the Apple App Store or on the Google Play Store. 85. What are the three types of licence issued under the Act? Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. The relationship is similar to the way that a driving licence permits the driving of any car. (b)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. Application for conversion of existing club certificate. 7. PDF Real Estate Licensing and Registration Act - Licensing Requirements and Lotteries and Amusements Act 1976 (c. 32). 200 provisions and might take some time to download. of certificate or summary, Period of validity of club premises certificate, Notification of change of name or alteration of rules of club, Change of relevant registered address of club, Application to vary club premises certificate, Determination of application under section 84, Supplementary provision about applications under section 84, Application for minor variation of club premises certificate, Determination of application under section 86A, Supplementary provision about determinations under section 86B, Application for review of club premises certificate, Form etc. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. 10. 6A. 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. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. Religious services, places of worship etc. The first date in the timeline will usually be the earliest date when the provision came into force. 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. 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. 111.In section 63 of the Criminal Justice and Public Order Deregulation and Contracting Out Act 1994 (c. 40). 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. Inspection of premises before grant of certificate etc. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. You have rejected additional cookies. Advanced Search (including Welsh legislation in Welsh language), Licensable activities and qualifying club activities, Authorisation for licensable activities and qualifying club activities. Among the types of business licenses you must obtain for your company include: 1. Business license. 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. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. What are the 4 main licensing objectives? 8D. 21. Sporting Events (Control of Alcohol etc.) Club Premises Certificates CPCs are granted to venues where qualifying criteria are met and sale of alcohol takes place. The Licensing Act 2003 has 4 key objectives. 66.In paragraph 18 (fees), for proper officer substitute clerk. 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). 9. 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 offence at common law of conspiracy to defraud. 1.14 The 2003 Act provides for four different types of authorisation or permission, as follows: Premises licence - to use premises for licensable activities. The Licensing Act sets out four licensing objectives of no preferential order which must be taken into account and adhered to: The prevention of crime and disorder, public safety, prevention of public nuisance, and the protection of children from harm In Scotland there is a fifth licensing objective: protecting and improving public health. For further information see the Editorial Practice Guide and Glossary under Help. 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. (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. 103.In section 11 (provision of board facilities by local housing 104.In Schedule 1 (tenancies which are not secure tenancies), in 105.Section 5 of the Sex Discrimination Act 1986 (discrimination required Fire Safety and Safety of Places of Sport Act 1987 (c. 27). Licensing Act 2003 - Legislation.gov.uk 8. 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. CR9 2BY, To email immigration enforcement: Alcohol@homeoffice.gov.uk. memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003 Licensable Activities . fH&H4_f`0;lZX DI-@k& q*~0 C 16. 17. Registered societies, friendly societies etc. 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. 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. of licence holder, Cancellation of interim authority notice following objections, Supplementary provision about interim authority notices, Reinstatement of licence on transfer following death etc. Keeping alcohol on premises for unauthorised sale etc. of applications and notices under Part 3, 55A.Suspension of premises licence for failing to pay annual fee. 176.Prohibition of alcohol sales at service areas, garages etc. 22. 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. 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. Supplementary provision about determinations under section 35 37.. The Whole (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. PDF Guidance on Making Representations under the Licensing Act 2003 0 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. 2.-(1) in this Act unless the context otherwise requires:-"auxiliary business'' means any business not specified in a business licence fee, which may be lawfully carried on under such licence 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. Types of Licensing Agreements | UpCounsel 2023 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). Dont include personal or financial information like your National Insurance number or credit card details. 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 | Institute of Licensing You can apply for a minor variation online using the links in the premises licence and club premises certificates sections above.
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