Kitsons Solicitors

FAQs - Liquor licensing & gaming

• Q.

  What if I object to a decision by the Licensing Authority?

  A.

  The Act provides for the possibility of appeals made by the licensing authority. Such appeals may be made by the applicant or by any person who has made relevant representations. All such appeals are determined by the local magistrates. There is no appeal to the Crown Court.

• Q.

  What is meant by an Interested Party?

  A.

  Apart from the Responsible Authorities the Act allows representations on licensing applications to be made by Interested Parties - persons or businesses in the vicinity of the premises. The licensing committee will take account of their representations, provided they arise out of the Licensing Objectives and are not frivolous or vexatious.

• Q.

  What are the rules about children on licensed premises?

  A.

  Protection of children from harm is one of the Licensing Objectives. It is an offence to sell alcohol to any person under 18 or to supply alcohol to a person under 18 in a club (even if they are a member of that club). An offence is similarly committed by the person attempting to buy alcohol, whether for themselves or for another person under 18. An under-18 may not consume alcohol on licensed premises. Exceptionally, beer wine or cider may however be sold or supplied for consumption with a table meal by a 16 or 17 year old, provided they are accompanied by (and the alcohol is bought by) an adult . The Act imposes restrictions on access to licensed premises by persons under 18. Unaccompanied children under the age of 16 are prohibited from premises that are exclusively, or primarily, used for the supply and consumption of alcohol on the premises. Furthermore, between midnight and 5 am unaccompanied children under 16 are not allowed on any premises where alcohol is supplied for consumption (whether or not this is the exclusive or primary use). Premises for these purposes includes premises where a Temporary Event Notice is in force.

• Q.

  What is meant by a Review?

  A.

  Either a Responsible Authority or an Interested Party may apply to the licensing authority for a Review of the Licence if complaints are made about the running of the premises. The application must be rejected if not arising out of one of the licensing objectives or if (when made by an interested party) it is frivolous, vexatious or repetitive. The licensing authority must arrange a hearing to investigate the complaint. If they uphold the application they may: 

  • Modify licence conditions 
  • Exclude a licensable activity 
  • Remove the DPS 
  • Suspend the licence for up to 3 months 
  • Revoke the licence

  As with most decisions of the licensing authority there is a right of appeal to the magistrates court.

• Q.

  Is it possible for problem premises to be closed under the Act?

  A.

  The police have power to close licensed premises (though not Members Clubs) in the interest of public safety if there is disorder in or near the premises, or, alternatively, where it is necessary to prevent noise nuisance. In either case the maximum period of closure is 24 hours. A magistrates court may extend the period, or Review the Premises Licence. There is also a wider power for the court, on application by the police, to order the temporary closure of all licensed premises in a given area. The court must be satisfied that the order is needed to prevent disorder in the area.

• Q.

  What about employing under 18s on licensed premises?

  A.

  The Act prohibits the sale of alcohol by under 18s unless the sale is specifically approved by a responsible person or unless it is supplied in a restaurant area for consumption with a meal.

• Q.

  How do I go about getting a licence for a charitable function?

  A.

  These are covered not by a Licence but by giving a Temporary Event Notice. It will be required if alcohol or regulated entertainment are being provided at such things as garden fetes, fundraising concerts and similar charitable events, which are organised not as part of a business, but for some sort of social or fundraising purpose. The procedure for obtaining a Temporary Event Notice is reasonably straightforward but note that ten working days notice (to the local authority and the police) are needed, and there are strict limits on the annual number and size of such events.

  No licence at all is needed to supply alcohol where this is done as a prize for a raffle or tombola at a charity garden fete.

• Q.

  What are the Responsible authorities?

  A.

  These are the Authorities who must be notified of applications for the grant or variation of Premises licences:

  • Police 
  • Fire and rescue service 
  • Health and safety authority 
  • Local planning authority 
  • Environmental protection authority 
  • Child protection authority 
  • Trading standards authority
• Q.

  What is a Relevant Offence?

  A.

  A relevant conviction will be likely to produce objections to applications for a Personal Licence and may lead to the loss of an existing licence. Relevant offences under the Act include most offences of dishonesty or violence, sexual offences, certain drugs offences, motoring offences and public order offences, offences under the Licensing Act itself, and a variety of other matters listed in the Act, as well as certain foreign offences.

• Q.

  So what is a Club Premises Certificate?

  A.

  A Club Premises Certificate is equivalent to a Premises Licence, but may be granted to a Members Club, and will allow it to provide alcohol, regulated entertainment and late night refreshment for members and guests. No Designated Premises Supervisor is required at a Members Club.

• Q.

  What is a Designated Premises Supervisor?

  A.

  Any premises where alcohol is to be sold must have Designated Premises Supervisor - without one the sale of alcohol will be illegal. The point is to ensure that there is a specified individual with responsibility for the day to day running of the premises. The DPS must hold a personal Licence. Only one is permitted per premises but there is no reason why one DPS should not be responsible for more than one premises. Although not required to be present on the premises at all times they must always be identifiable by the authorities if there is a problem.

• Q.

  What is Late Night Refreshment?

  A.

  Sale of hot food or drink between 11pm and 5am is known as Late Night Refreshment and must be covered by a Premises Licence - unless the customer is a hotel resident or an employee in a staff canteen.

• Q.

  What is regulated entertainment?

  A.

  Regulated entertainment includes a play, a film, an indoor sporting event, performance of live music, playing of recorded music and performance of dance. It also includes the provision of facilities which enable people to make music (such as karaoke) or to dance. There are exemptions, including educational films, or music which is incidental to other activities, religious services, and provision of entertainment generally at places of public religious worship. The use of television or radio receivers is exempt under the Act, as are Morris dancing and the provision of entertainment on a moving vehicle.

• Q.

  What is a Premises Licence?

  A.

  A premises licence is a licence granted to any premises, including a road vehicle, vessel or moveable structure, which allows the premises to be used for: 

  i. The sale by retail of alcohol 
  ii. The supply of alcohol by or on behalf of a club to or to the order of a member of a club 
  iii. The provision of regulated entertainment 
  iv. The provision of late night refreshment

  To do any of these things without a Licence is a serious offence which may lead to a fine or up to 6 months imprisonment. A Premises Licence may be granted to a company, a Partnership or an Individual aged over 18.

  The applicant may hold more than one Premises Licence, and is not required to hold a Personal Licence (though if alcohol is to be sold on the premises, there must be a Designated Premises Supervisor).

• Q.

  What is a Personal Licence and who needs it?

  A.

  A person who is responsible for authorising the sale of alcohol on licensed premises must hold a personal licence. Personal licences are issued by the district council for the area where the applicant lives. Applicants must show a knowledge of licensing law (by completing one of the specified courses), and must also be of good character, with no recent convictions for relevant offences. Members clubs do not need to employ Personal Licence Holders and neither do premises which just provide regulated entertainment or late night refreshment without the sale of alcohol.

• Q.

  What sort of licences are required under the Licensing Act?

  A.

  Licensing Authorities - District Councils - are responsible for issuing various types of licence:

  i. The Personal Licence
  ii. The Premises Licence and
  iii. The Club Premises Certificate as well as
  iv. The Temporary Event Notice

• Q.

  Why did we need the Licensing Act 2003?

  A.

  The Act was intended to reduce red tape and bureaucracy, and also to put an end to the problems caused by binge drinking. The Act defines four Licensing Objectives, which are fundamental to all applications under the Act:

  i. To prevent crime and disorder
  ii. To promote public safety
  iii. To prevent public nuisance
  iv. To protect children from harm