Licensing - Premises Licences
The Licensing Act 2003 transfers responsibility for the licensing of premises such as pubs, nightclubs, off licences and restaurants that sell or supply alcohol away from the Magistrates Court to the Council. Existing legislation concerning public entertainment, theatres, cinemas and late night refreshment licensing has also been replaced under the Act – all these activities are now covered by the new regime.
The Second Appointed Day has been announced as the 24 November 2005. The “second appointed day” will bring to an end the old licensing regimes. New premises licences and club premises certificates will take immediate effect from that date.
The Act states that persons and/or premises that conduct certain activities will be required to obtain a licence from the Council. The activities that are covered include;
- The sale of alcohol by retail
- The supply of alcohol to club members and their guests
- The provision of regulated entertainment
"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)
The provision of late night refreshment
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 will include takeaways, restaurants and place like garages or service stations that sell hot food.
Under the new system a Premises Licence may authorise the holder of the licence to use their premise for any of the above-mentioned 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
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, and; 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 500 people.
An applicant for the grant of a premises licence will need 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.
Click here to view application forms
Click here to view guidance notes
For further information please contact the Licensing Team by phoning 01395 517410 or by email at licensing@eastdevon.gov.uk
Please note ALL licensing applications at the Council Offices will be dealt with by pre-booked appointment only.
