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LICENSING ACT 2003 THE KEY POINTS

LICENSING ACT 2003

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LICENSING ACT 2003 THE KEY POINTS

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    1. LICENSING ACT 2003 – THE KEY POINTS Licensing to be administered by local authorities Premises Licence:- Public entertainment (inc. theatres and cinemas) Late night refreshment Supply

    2. LICENSING ACT 2003 – THE KEY POINTS Personal licenses – authorise the sale and supply of alcohol for sale on or off the premises

    3. LICENSING ACT 2003 – THE KEY POINTS Licensing objectives:- Prevention of crime and disorder Public safety Prevention of public nuisance Protection of children from harm

    4. LICENSING ACT 2003 – THE KEY POINTS Licensable activities:- Retail sale of alcohol (on or off sales and restaurants) Supply of alcohol in clubs Regulated entertainment Provision of late night refreshment

    5. LICENSING ACT 2003 – THE KEY POINTS Regulated entertainment:- Plays Films Indoor sports Boxing or wrestling Live music (but not incidental music) Recorded music (but not incidental music) Dance

    6. LICENSING ACT 2003 – THE KEY POINTS Late night refreshment – supply of hot food or drink to the public from any premises for consumption on or off the premises at any time between 11pm and 5am

    7. LICENSING ACT 2003 – THE KEY POINTS Determination of applications for licences – Licensing Committee Delegation to sub-committees Delegation to officers of unopposed applications Regulations covering procedures

    8. LICENSING ACT 2003 – THE KEY POINTS Personal licenses – authorise sale of alcohol in premises with a premises licence Valid 10 years Granted and renewed by the district council of residence of the applicant

    9. LICENSING ACT 2003 – THE KEY POINTS Qualifications for a personal licence Over 18 Has a licensing qualification Has held a similar licence which has not been forfeited within 5 years prior to the application Has not been convicted of a relevant offence

    10. LICENSING ACT 2003 – THE KEY POINTS Designated premises supervisor Required for premises where alcohol is sold (not clubs) Must be a personal licence holder Must be named on the licence Not required to be on the premises

    11. LICENSING ACT 2003 – THE KEY POINTS Premises licence Valid for the life of the business Application sets out full terms of operation – the “operating schedule” Operating schedule are the main conditions of the licence May be subject to review on application by a relevant authority or interested party

    12. LICENSING ACT 2003 – THE KEY POINTS Qualifying Clubs Must have at least 25 members Alcohol only supplied to members for the benefit of the club 2 days between joining and being entitled to privileges of membership No need for a designated premises supervisor or personal licence holder

    13. LICENSING ACT 2003 – THE KEY POINTS Permitted temporary activities No need for premises licence or personal licence if:- Event will not exceed 96 hours AND Will not be attended by more than 499 people

    14. LICENSING ACT 2003 – THE KEY POINTS Notice of temporary activity to be given to the Council and police at least 10 working days before the event Only police can object on grounds of crime and disorder If police object Council must hold a hearing Temporary events notice must be kept on the premises

    15. LICENSING ACT 2003 – THE KEY POINTS Transitional provisions From 7 February 2005 existing licensees may apply Personal licence must be granted unless police object

    16. LICENSING ACT 2003 – THE KEY POINTS Premises licence must be granted unless police object If an application is also for a variation must be granted unless relevant authorities or interested parties object Where there are objections to personal or premises licences the Council will hold a hearing

    17. LICENSING ACT 2003 – THE KEY POINTS New licences “in limbo” until the second appointed day (November 2005?) Old regime continues in the meantime On second appointed day old licences lapse – if Local Authority licences not then held the individual/premises cannot trade

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