Worthing Borough Council

• WBC's Statement of Licensing Policy
• Making Representations
• Review of a Licence
• Licensing Act & Children
• Temporary Events
• Licensing Act 2003 - Fees
• Minor Variations to Premises Licences
• New Mandatory Conditions - April 2010

Licensing Act 2003

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01903 221068

licensing.unit@adur-worthing.gov.uk

The Licensing Act 2003

As from the 24th November 2005 the licensing of the sale and supply of alcohol, the provision of regulated entertainment and the sale & supply of late night refreshment came under the terms of the Licensing Act 2003.

The act fundamentally changed the way in which the licensed industry operates. The act contains a range of measures including the transfer of responsibility for the licensing of alcohol sales from the local Magistrates' Court and placing it with the Licensing Authority, the Borough Council.

You will find that all the forms related to the Licensing Act of 2003 and referred to on this page, plus guidance notes to their completion, are available on the Licensing Act 2003 forms page.

The Licensing Act affects anyone who is concerned with:

• pubs and nightclubs
• indoor sporting events
• off-licences
• restaurants that serve alcohol
• businesses offering hot food between 11 pm and 5 am
• businesses that provide regulated entertainment 
• hotels, guest houses and other places that sell alcohol
• private member’s clubs and social clubs
• theatres and amateur dramatic groups
• cinemas
• community and youth clubs 
• organisers of occasional entertainment

Under the act there are a number of different types of licences and permissions required to operate and a number of requirements that have to be addressed by anyone that seeks to provide any of the above facilities. These include: 

• a Premises Licence or Club Premises Certificate where any of the above activities are going to take place.
• a Personal Licence is needed by anyone who wants to allow the sale of alcohol as part of his or her business.
• licensees, the council and other agencies have a responsibility to promote the Licensing Objectives (see below)

The 2003 Act requires that the Licensing Authority, the council, carries out its various licensing functions so as to promote the following four licensing objectives:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

This is only a brief guide to the main components of the Act:-

Premises Licences

A premises licence can be granted either for a fixed period, for a one-off event such as a music concert or boxing match, or indefinitely as for a public house or restaurant.

When applying for a premises licence, applicants have to submit to the Licensing Authority certain information including a - 

• Scale plan of the building
• Operating Schedule - a description of how the premises will be operated.
• Fee.

An initial fee is charged followed by an annual renewal fee that is linked to the non-domestic rateable value of the business’s premises. The government and not the council sets the licence fees and a guide to fees can be found on the Licensing Act forms page.

Under the act there is a presumption for the council to grant licences unless the proposal conflicts with one of the four Licensing Objectives. If relevant representations are received regarding applications then it may impose conditions that promote the licensing objectives, for example requiring door supervisors in a nightclub to promote the crime prevention objective, or noise control measures to prevent public nuisance.
When relevant representations are made about either granting or changing a licence, and mediation is unsuccessful, a sub committee of the council’s Licensing & Control Committee B, made up of trained councillors, is convened to examine the application at a public hearing.

Objecting to Licence applications 

When a new licence is applied for, or an application is received to vary the terms of an existing licence, the applicant has a statutory duty to advertise the application in the local press and display notices on or adjacent to the premises for a full 28 days. Copies of the application have to be brought to the attention of the ‘responsible authorities' – the police, the local environmental health and planning departments, trading standards, and the fire authority.

Each of these responsible authorities can make representations about the application that can lead to either conditions being imposed or it being refused.

Local residents, ward councillors, MPs, MEPs, residents’ associations and businesses may also make representations to the council about the grant of ,or a change in, a licence.  

When relevant representations are correctly made regarding an application a subcommittee of  the Licensing Committee considers these and determines the licence.

If any party that has made a relevant representation wishes to appeal against a council’s licensing decision, they have the right to do so to the magistrates’ court within 21 days of the decision being published and details of this procedure are available from the Licensing Unit or Magistrates Court.

Provisional Statements

Persons or businesses considering opening a licensed premise may apply for a provisional statement. This allows new premises to be prepared in the confidence that a full licence will be granted, providing that it is built according to the original operating schedule and plans submitted to the council, and that there have been no material changes in the meanwhile.

Temporary and Occasional Events

No Premises Licence is required for small events where less than 500 people are likely to attend, and which lasts for less than 96 hours.

Using a 'Temporary Event Notice (TEN)' small occasional events where alcohol is to be sold and/or regulated entertainment is to be provided can take place without the need of a premises licence. Someone who holds a personal licence is able to hold up to 50 temporary or occasional events a year at other premises that are not licensed and non-personal licence holders are able to hold up to 5 temporary events a year using Temporary Event Notices (TENs). This notice includes details of the event, the applicant and the licensable activities proposed.

A Temporary Event Notice must be served on the Council and Police at least 10 clear working days before an event of this sort can be held, and the police have the right to object to it on crime and disorder grounds. If there are Police objections a hearing has to be held unless the applicant can address the Police’s concerns.

Personal Licences

Personal licences are needed to supervise the sale of alcohol in any premises – including pubs, off-licences, restaurants, hotels etc. You can apply for a personal licence to the council for the area in which you live. This will then be the council responsible for continuing to licence you, even if you move away from the area.

Personal licences are valid for 10 years and, at present, cost £37.00. There are various duties on the holder of a personal licence, and the court can forfeit an individual's licence if they are convicted of various offences.

The police have the right to object to the issue of a Personal Licence on the ground of crime prevention if the applicant has a relevant criminal conviction.

Review Hearings

Licensed premises can occasionally experience and cause problems. On the rare occasion this happens, the council tries to resolve the issues informally. However, any of the ‘responsible authorities’, a local resident or business, or a residents' or business association, can apply for the council to review a premises licence if problems are on going or serious.

Providing a complaint is not frivolous, vexatious or repetitive, a council hearing will be held. The council may decide not to do anything, or to impose extra conditions on the licence. It can also suspend either all or part of the licence for up to three months or even revoke a licence.

Licensing Policy and Forum

The Licensing Authority, the council, is required to draw up a Licensing Policy and review it every 3 years. The Licensing Policy sets out how it intends to carry out its licensing duties. This must include consideration of the four "licensing objectives" previously outlined. Statutory consultees, the police, fire authority, other responsible authorities, trade organisations and community groups must be consulted.

More Information

For more information on the Licensing Act 2003 and the Gambling Act 2005 you can visit the Department of Culture, Media and Sports (DCMS) website at www.culture.gov.uk. The Licensing Act 2003 can be viewed in full on the HMSO website at www.hmso.gov.uk

If you have further queries please contact the Licensing Unit.

Application Forms

For forms relating to personal and premises licences, club premises certificates and Temporary Event Notices together with guidance on the fees and the completition of the forms please go to the Licensing Act 2003 on-line form section.

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