Legislation comes into effect next week that will radically alter the process of applying for and maintaining the right to sell alcohol, explains Russell Hewitson

The Licensing Act 2003 is scheduled to come fully into force on 24 November 2005. From that date, it will replace six licensing regimes, including the Licensing Act 1964.


The Act establishes a single integrated scheme for licensing premises that are used for the licensable activities of the sale and supply of alcohol, the provision of regulated entertainment, and of late-night refreshment. Permission to carry on one or more of these activities will be contained in a single authorisation, which will either be a 'premises licence', a 'club premises certificate' in the case of a qualifying club or a 'temporary event notice' in the case of temporary licensable activities.


Other changes include:


  • The introduction of a dual licensing system, so that a person managing licensed premises must hold a personal licence.


  • The transfer of responsibility for licensing from magistrates to local authorities, through the establishment of licensing committees made up of elected councillors. Each licensing authority has produced a licensing policy, which will be available on its Web site. The Secretary of State for Culture, Media and Sport has also published guidance under the Act which licensing authorities must take into account.


  • The abolition of existing permitted hours, so that licensees can apply for their own opening and closing hours.



    • The policy behind the system is to promote four licensing objectives: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm.


    The Act also provides that a premises licence or a club premises certificate may be reviewed. This could lead to it being suspended, revoked or modified. The police are given powers to close licensed premises where there is disorderly behaviour and excessive noise. In addition, the Act contains a wide range of offences.


    Premises that wish to carry on licensable activities after 24 November will need a premises licence. A six-month transitional period, during which existing licensees could convert their licences, expired on 6 August 2005. Any licensee that did not apply during this period must now apply for a new premises licence, otherwise it will not be able to carry on licensable activities after 24 November. In addition, a licensee who did not apply under the transitional arrangements for a personal licence must make a full application for one.


    A premises licence authorises the licence-holder to use premises for licensable activities. A person aged older than 18 (and this includes a company) may apply for a premises licence. The applicant must propose to carry on a business involving the use of the premises for licensable activities.


    An application for a premises licence must be made in accordance with the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005. These regulations also prescribe the application form that must be used, a copy of which is obtainable on request from the licensing authority, and may also be available on its Web site.


    The application must be made to the authority within whose area the premises is situated. An applicant must submit:




  • A completed application form which will include an operating schedule;


  • A plan of the premises in the prescribed form;


  • If the application requests the authorisation to supply alcohol, a form containing the consent of the proposed designated premises supervisor in the prescribed form; and


  • The prescribed fee, which is based on the non-domestic rateable value of the premises (see the Licensing Act 2003 (Fees) Regulations 2005).



    • It is important that the operating schedule is completed carefully as it will form part of the premises licence. It sets out the licensable activities that will take place on the premises; the times they will occur; the name of the designated premises supervisor where alcohol is to be supplied; whether alcohol is to be supplied for consumption on or off the premises; and the steps that the applicant will take to promote the licensing objectives.


    Copies of the application form, including relevant accompanying documents, must be sent to various responsible authorities - including the police, the fire and rescue authorities - and public bodies with responsibility for environmental health, on the same day the application is given to the relevant licensing authority. The application must also be advertised to allow interested parties such as local residents and businesses, or bodies that represent them to object (called 'representations' in the Act).


    If there are no objections by responsible authorities or interested parties, the licensing authority must grant the licence without a hearing. If there are, the authority must hold a hearing to decide whether to grant the licence, grant it subject to modification, or refuse it.


    Where premises are to be built, an application for a provisional statement may be made. Once granted, this will give limited assurance that a premises licence will be granted once the building works have been completed. There are also provisions for the variation or transfer of a premises licence. A premises licence has effect until it is revoked or surrendered. It is otherwise not time-limited unless the applicant has requested that it only be granted for a limited period.


    There are similar provisions for the grant of club premises certificates, which authorise qualifying clubs to use club premises for qualifying club activities: the supply of alcohol by or on behalf of a club to a member, the sale by retail of alcohol by or on behalf of a club to a guest of a member for consumption on the premises, and the provision of regulated entertainment by or on behalf of a club for its members and guests.


    A personal licence authorises an individual to sell or supply alcohol, or authorise the sale or supply of alcohol, for consumption on or off premises for which a premises licence is in force for the carrying on of that activity. To obtain a personal licence, an person must apply to the licensing authority for the area where he is ordinarily resident, be aged 18 or older, possess a recognised licensing qualification and have not been convicted of certain offences set out in the Act. Applications must be made in accordance with the Licensing Act 2003 (Personal licences) Regulations 2005.


    If an applicant satisfies these requirements, he must be issued with a personal licence. Where a person has been convicted of an offence set out in the Act, following notification to the chief officer of police and consideration of any police objections, the licensing authority must grant a personal licence unless it considers that doing so would undermine the crime-prevention objective. Such licences last for ten years and are renewable.


    The Act also introduces arrangements for the carrying on of licensable activities at temporary events with fewer than 500 people attending. These replace 'occasional permissions', and 'occasional licences' that existed under the Licensing Act 1964. The new arrangements are based around the organiser of the event notifying the licensing authority about the event and an acknowledgement by the authority of the notification. Only the police will be able to object. The procedures for applying for a temporary event notice will be contained in regulations to be issued by 24 November 2005.


    Russell Hewitson is a solicitor and principal lecturer in law at Northumbria University, and a consultant to Newcastle-based law firm Harvey & Marron. He is the author of Licensing Law Handbook: A Practical Guide to Liquor and Entertainment Licensing, published by Law Society Publishing next month. The book can be ordered direct for £49.95 (plus £3.50 p&p) from Marston Book Services, tel: 01235 465 656.