The Licensing Act 2003 received Royal assent on 10 July 2003. The Act gives the city council responsibility for a new integrated licensing system, bringing together licensing for alcohol, public entertainment, cinemas, theatres, late night refreshment houses and night cafes.
These changes came into effect in February 2005 and affect anyone concerned with:
- pubs and nightclubs;
- indoor sporting events;
- off-licences;
- restaurants that serve alcohol;
- businesses offering hot food between 11 pm and 5 am (with certain exceptions);
- hotels, guest houses and other places that sell alcohol;
- private members' clubs and social clubs;
- theatres and amateur dramatic groups;
- cinemas;
- organisers of occasional entertainments.
The main focus of the Act is the promotion of four "licensing objectives":
- The prevention of unreasonable public nuisance.
- The prevention of crime and disorder.
- Ensuring public safety.
- Protection of children from harm.
Below are details of some of the key changes introduced by the Act.
Flexible Opening Hours
The Act introduces more flexible opening hours for the sale of alcohol allowing different closing times with the potential for 24 hour 7 days a week opening. It is hoped that this will help reduce the public disorder resulting from artificially fixed closing times. It is also hoped that the flexibility will also encourage a more civilised culture in pubs, bars and restaurants.
Streamlined System
Under the existing licensing systems alcohol, entertainment and late night refreshment are licensed separately, magistrates dealing with alcohol and councils dealing with refreshment and public entertainment. The new regime amalgamates the existing systems under the supervision of the local licensing authority, with three main licenses (Premises Licence, Personal Licence, Club Premises Certificate) and one notice (Temporary Event Notice). The government hopes this will simplify the area of licensing.
Personal Licences The introduction
of personal
licenses to
regulate individuals
working in
the licensed
trade is
a new
concept. A
personal license
authorises the
person specified
to sell
or supply
alcohol in
accordance with
a premises
licence. Personal
licences are
valid for
ten years
and 'portable'.
Click
here to search the public register. To
apply for a personal licence click here Premises Licences A premises
license will
allow the
holder to
use specified
‘licensed premises’
for ‘licensable
activities’ (the
sale and
supply of
alcohol, the
provision of
regulated entertainment
and the
provision of
late night
refreshment). The
new licence
will have
no expiry
date unless
otherwise requested. Another
key element
of the
new premises
licence is
that a
‘designated premises
supervisor’ must
be named
in the
licence (where
the sale
and supply
of alcohol
is concerned).
This is
the person
who is
responsible for
the supervision
of the
licensed premises.
The designated
premises supervisor
must also
hold a
personal licence.
Click
here to search the public register. Documents: Club Premises
Certificate This certificate
will provide
authorisation for
qualifying clubs
to use
their premises
for qualifying
club activities.
The club
premises certificate
will have
no expiry
date unless
otherwise requested.
Qualifying club
activities are
the supply
of alcohol
to a
club member
for consumption
on the
premises, the
sale by
retail of
alcohol to
a guest
of a
member for
consumption on
the premises
and the
provision of
regulated entertainment
for club
members and
guests. Click
here to search the public register. Temporary Event
Notice These notices
replace the
existing ‘occasional
permissions’ and
‘occasional licences’
systems and
relate to
temporary events,
where ‘licensable
activities’ are
planned, but
no premises
licence or
club premises
certificate is
held. Effectively
these allow
premises to
be used
for licensed
activities on
a ‘one-off'
basis. For the temporary event notice form click
here to apply A greater
say for
those affected Local residents,
local businesses
and responsible
authorities (such
as the
Police, Fire
Authority and
Health and
Safety department)
can make
representations against
licence applications.
While the
licensing authority's
role is
seen initially
as an
administrative one,
it will
judge contested
applications at
a committee
hearing. At
such hearings
all sides
will have
an opportunity
to present
their case. Tougher measures
to tackle
alcohol-related crime
and disorder The Act
includes new
police powers
to close
licensed premises
for up
to 24
hours, in
order to
protect the
public and
prevent disorder.
As well
as processing
applications, the
licensing authority
also has
an enforcement
role. Licence review A licence
may be
subject to
review on
application by
local residents
and professional
officers. New
powers of
review will
help ensure
those breaking
conditions and
committing offences
under the
new Act,
will be
dealt with
swiftly and
efficiently. Strengthened protection
for children The Act
will provide
clarification of
the, often
misunderstood, laws
relating to
children and
alcohol, as
well as
giving the
authorities powers
to deal
with offenders. Other documents: Our contact details Licensing Service Tel: 01782 232774 Opening times Appointments available: To download our application forms you will need a copy of Adobe Acrobat
Reader.
PO Box 2452
Hanley Town Hall
Albion Street
Hanley
Stoke-on-Trent
ST1 1XP
Fax: 01782 232773
Email: hcp.licensing@stoke.gov.uk