Week 10: Licensing Flashcards
What are the objectives of the Licencing Act 2003?
- Prevention of crime and disorder
- Public safety
- Prevention of public nuisance
- Protection of children from harm
What are the 4 licensing activities that are concerned withe the Licensing Act 2003?
- Retail sale of alcohol
- Supply of alcohol in members’ clubs
- Regulated Entertainment
- Late Night Refreshment
What are the main provisions of the Licensing Act 2003?
- Local Authorities Statement of Policy, and a Committee/Regulatory Panel
- Personal Licence
- Premises Licence
- Police scrutiny of applications
- Local people more power to object
A Premises Licence is required for…
- Regulated Public entertainment (includes theatres, cinemas and ‘event spaces’)
- Sale of alcohol
- Provision of late night refreshment (that is hot food and drink 23:00-05:00)
What is Regulated Entertainment?
- Plays
- Films
- Indoor sports
- Boxing or wrestling
- Live music (but not incidental music)
- Recorded music (but not incidental music)
- Dancing
How long is a premises license valid for?
The life of the business.
What does the application process entail for a premises licence?
- Sets out full terms of application (operating schedule)
- operating schedule lists the main conditions of the licence
- subject to review on application by a relevant authority
What is an operating schedule?
- Supports a licensing application
* Gives a general description of the business
What does an operating schedule need to include?
- Licensable activities (late night refreshments, regulated entertainent, sale of alcohol, proposed times etc.)
- General opening times of business
- Period of License (only applies to one of events e.g. Glastonbury because of numbers attending wouldn’t qualify for a TEN)
- Designated premises supervisor (specific person, who must already hold a personal license)
- Details regarding the sale of alcohol
- Steps to promote the licensing objectives (including risk assessment)
What is a personal license?
- Authorise sale of alcohol in premises with a premises licence, including off-sales
- Valid for 10 years
- Granted and renewed by the Local Authority where the applicant resides
What are the qualifications for a personal license?
- Must be over 18
- Has a licensing qualification
- Held a similar licence which has not been forfeited within 5 years prior to application
- Has not been convicted of a relevant offence
What is a designated premises supervisor?
- Required for premises where alcohol is sold (but not for private members’ clubs)
- Must be a personal licence holder
- Must be named on the licence
- Not required to be on the premises
What is a Qualifying Members’ Club?
- Needs to have at least 25 members
- Alcohol only supplied to members for the benefit of the club
- Period of 2 days between joining and being entitled to privileges of membership
- No need for a designated premises supervisor or personal licence holder
What does TEN stand for?
Temporary Event Notice
What is a TEN?
- 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 Notices must be kept on the premises
Why would you need a TEN?
• 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
What are some objections to the Licensing Act 2003?
- Local residents have a far greater right to make “representations” (ie objections) about licensed premises of all types in their area
- Councils are able to “review” licenses at any time but local people will also be entitled to have their say on any application to vary a license
What three main acts are the home office responsible for?
- Policing and Crime Act 2009
- The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010
- Police Reform and Social Responsibility Act 2011
How did the Licensing Act 2003 affect the Live Music Act 2012?
- Removing licensing requirement for amplified live music between 8am and 11pm with audiences of less than 200
- Removes requirement to licence the provision of entertainment facilities
Live Music Act 2012
- Venues in England and Wales with a capacity of under 200 people- don’t need licence for live music between 08:00 and 23:00
- Live unamplified music can also now be played in any location
- Live Music Act could enable 13,000 more venues to start holding live music events - UK Music
Objectives of the Gambling Act 2005?
- For gambling to remain crime-free
- Players know what to expect and are not exploited
- Protection for children and vulnerable people
What is the Gambling Act 2005?
- Established new regime for the regulation of commercial gambling in Great Britain
- Affects betting, bingo, casinos, gaming machines and charity lotteries and deals with gambling offered through remote technologies like the Internet
- Established a new independent regulator, the Gambling Commission, which licenses gambling operators and their key personnel.
- Local Authorities will license gambling premises in their area
