Licensing - Alcohol and Entertainment
The Licensing Act 2003 has replaced licensing legislation which controlled; the sale of alcohol, public entertainments, late night refreshment houses, theatres and cinemas and has introduced licensing of late night take aways including mobiles. The Act has moved the responsibility for the licensing of alcohol sales from the Magistrates Court to the Local Council and made provision for local authorities to act as the licensing authority within their boundaries.
Click here to view application forms
Click here to view Policies and Guidance Notes
More information can be found on the website for the Department for Culture, Media and Sport.
Under the new arrangements the Licensing Authority was required, after relevant consultation, to issue a Statement of Licensing Policy. Following consultation during the latter end of 2004 the District Council published its Licensing Policy. The policy must be reviewed regularly to ensure that it is updated and consistent with the licensing objectives.
Click here to view our Statement of Licensing Policy (135KB - PDF Help)
Since the "Second Appointed Day" on the 24 November 2005 the East Devon District Council has been responsible for the licensing of the following activities:
- The sale of alcohol by retail
- The supply of alcohol to club members and their guests
- The provision of regulated entertainment (See definition below)
- The provision of late night refreshment (See definition below)
New Applications
New application received by the Licensing Authority are displayed on this website for 28 days after they are received. “Interested Parties” have 28 days from the Licensing Authority’s receipt of the application to make representations about the application. To see the current list of applications and to access the guidance on how to make representations and to download a representations form please go the Applications Received page on this website.
Temporary Events
Temporary Event Notice - for the use of premises for one or more licensable activities for a period of up to 72 hours for up to 499 people. IMPORTANT - A Temporary Notice must be served on the Licensing Authority and the Chief Officer of Police at least TEN working days before the event is to be held. To access the guidance on Temporary Event notices and to download a Temporary Event notice please go to the Temporary Event Notice page of this website. If the event is to be of a larger nature a Full Premises licence will be required.
Reviews of Premises Licences
Premises, which do not operate in an acceptable way in terms of the licensing objectives, may in extreme cases be closed down by the police action or have their scope of operation reduced or the licence revoked by the Licensing Authority.
“Interested Parties” (residents and businesses in the vicinity of the premises) may, in certain circumstances apply for a review of a licence or club certificate that is in force. To access the guidance on how to apply for a review of a licence and to download an application to seek a review please go to the Premises Review page of this website.
The Licensing Objectives
Under the new system a Premises Licence may authorise the holder of the licence to use their premise for any of the previously listed licensable activities. Operating conditions may be attached to the premises licence, promoting the licensing objectives which are:
(1) The prevention of crime and disorder
(2) Public safety
(3) The prevention of public nuisance
(4) The protection of children from harm
"Regulated entertainment" is defined as any of the following which take place in the presence of an audience for the entertainment of that audience and are provided for members of the public or a section of the public or exclusively for the members of a qualifying club and/or their guests or for consideration and with a view to profit:
- A performance of a play
- An exhibition of a film
- An indoor sporting event
- Boxing or wrestling
- Provision of facilities for making music or for dancing
- A performance of dance
- A performance of live music
- Playing of recorded music
(There are certain exemptions from this definition which are set out in the Act)
“Late night refreshment” is defined under the Act as the supply of hot food or drink to the public or a section of the public on or from any premises whether for the consumption on or off the premises (mobile units included) between 11pm and 5am. This is a new requirement and includes takeaways, restaurants and places like garages or service stations that sell hot food.
Further Information
Unless a limited duration is specified in the operating conditions, a premises licence will be valid indefinitely, unless revoked, with no annual renewal required.
Other licences required under the new system include Club Premises Certificate - for the supply or the sale by retail of alcohol by or on behalf of a club to its members for consumption on the premises where the supply or sale takes place or for the provision of regulated entertainment by the club for its members and guests
Click here for more information about Club Premises Certificates
A new Personal Licence will authorise individuals 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. The personal licence will be valid for 10 years and is transferable between regions and premises. Only the Police can object to the issue of a personal licence.
Click here for more information about the new Personal Licence
An applicant for the grant of a premises licence needs to submit an application form, plans of the premises, a fee, where alcohol is to be sold - a consent form from a personal licence holder and an operating schedule. This schedule will include the steps the applicant intends to take to promote the licensing objectives. Further the applicant would be expected to have advertised the application and served notice on the police and other responsible authorities. Applications for the grant of a licence may be subject to representation and a hearing would be held to determine the application. Where no representations were received the licence would be granted and issued.
For further information please contact the Licensing Team by phoning 01395 517410/517411
Email: licensing@eastdevon.gov.uk
Please note ALL licensing applications at the Council Offices will be dealt with by pre-booked appointment only.
Disclaimer
The contents of these pages are provided as an information guide only. They are not a full and authoritative statement of the law and do not constitute professional or legal advice. Any statements on these pages do not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003 or any subordinate legislation made under it or statutory guidance issued in relation to it. East Devon District Council accepts no responsibility for any errors, omissions or misleading statements on these pages, or any site to which these pages refer. In particular, it must be noted that, although East Devon District Council has made every effort to ensure that the information in these pages is correct, changes in the law and the nature of implementation mean that the information in these pages cannot be guaranteed as accurate.
