Variation of licences 34. of applications and notices under Part 4, Suspension of club premises certificate for failing to pay annual fee, Licensing authoritys duty to update club premises certificate. In addition, the licensing authority must review a licence if the premises to which it relates was made the subject of a closure order by the police based on nuisance or disorder, and the magistrates court has sent the authority the relevant notice of its determination. 8. Licensing Act 2003 - Wikipedia The Licensing Act sets out four licensing objectives of no preferential order which must be taken into account and adhered to: The prevention of crime and disorder, public safety, prevention of public nuisance, and the protection of children from harm In Scotland there is a fifth licensing objective: protecting and improving public health. See our guidance on community involvement in licensing. 1.14 The 2003 Act provides for four different types of authorisation or permission, as follows: Premises licence - to use premises for licensable activities. Businesses that sell alcohol to the public will need to ensure that the UK wholesalers they buy alcohol from have been approved by HMRC under the Alcohol Wholesaler Registration Scheme (AWRS). Licensing Act 2003 - Councillor's handbook (England and Wales) Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32). This is because of the impact alcohol has on the wider community, on crime and disorder, and antisocial behaviour. (iv)is capable of being read and reproduced in legible written form and used for subsequent reference; (b)the person to whom the application is to be given has agreed in advance that an application may be given to them by those means; and. Regulated entertainment is broadly defined as any entertainment that takes place in the presence of an audience (whether members of the public or a club), or otherwise for profit, and the premises have the purpose of providing the entertaining concerned. All businesses and organisations that undertake licensable activities on a permanent basis must have a premises licence from their local authority. 25. 1.Licensable activities and qualifying club activities, 2.Authorisation for licensable activities and qualifying club activities, 4.General duties of licensing authorities. This article will argue that reform under the MLA 2003 has also improved the moneylending licensing regime. of applications and notices under Part 6. Changes from the previous (April 2018) version include: 1. 69.Authorised persons and responsible authorities, 71.Application for club premises certificate, 72.Determination of application for club premises certificate, 73.Certificate authorising supply of alcohol for consumption off the premises, 73A.Mandatory conditions relating to the supply of alcohol to members or guests, 73B.Power of Secretary of State to impose section 73A mandatory conditions, 74.Mandatory condition: exhibition of films, 75.Prohibited conditions: associate members and their guests, 77.Grant or rejection of application for club premises certificate, 79.Theft, loss, etc. Alternatively you can view the postal forms and other guidance specific to premises licences, including: You are not required to have a personal licence to be employed in a pub or other business that sells alcohol. 94.Duty to keep and produce certificateetc. PDF Amended Guidance Issued Under Section 182 of The Licensing Act 2003 * * * "Standard license." Any license issued under this act that is not a reciprocal license. Your local council will want to know of any relevant criminal convictions, and these may impact on whether or not youre found to be suitable as a licensee. of licence holder. (i)taken against a light background so that the applicants features are distinguishable and contrast against the background. 5. No versions before this date are available. 9.(1)An application shall be given in writing. must provide on request the forms listed in the Schedules printed on paper; or. The personal licence is designed to ensure that anybody running or managing a business that sells or supplies alcohol will do so in a professional fashion. 9. In order to apply, you must be aged 18 years or over, and (in almost all cases) hold a relevant licensing qualification - for example, the BIIAB Level 2 Award for Personal Licence Holders or a similar accredited qualification. For general enquires on licensing you should contact your Local Licensing Authority. Members clubs can operate under club premises certificates instead of premises licences. 6.For the purposes of this Schedule (a) the supply of Matters to be entered in licensing register. Supplementary provision about determinations under section 35 37.. apply. 15. 284 0 obj <>stream For the purpose of a TEN, a temporary event is a relatively small-scale event attracting fewer than 500 people and lasting no more than 168 hours. It will take only 2 minutes to fill in. The relationship is similar to the way that a driving licence permits the driving of any car. This Act may be cited as the Business Licensing Act, 1972 and shall be deemed to have come into operation on the first day of Septe-mber, 1972. "Licensee." A person who holds a standard license or a reciprocal license. endstream endobj startxref 8A. The contact details for Home Office (Immigration Enforcement) are: Alcohol Licensing Team 5. Production of licence, rights of entry, etc. . A designated premises supervisor (DPS) is the person who has day-to-day responsibility for the running of the business. 8. This means, for example, that they are not required to have a designated premises supervisor, and sales of alcohol do not need to be authorised by a personal licence holder. Once you receive your personal licence, you can act as the designated premises supervisor for any business that sells or supplies alcohol. There are. Club Premises Certificates CPC's are granted to venues where qualifying criteria are met and sale of alcohol takes place. Updated information on accreditation for personal licences. The Licensing Act 2003 (Mandatory Conditions) order 2014 banned the sale of alcohol below the The Licensing Act 1902 is amended as follows. 9. 59.Inspection of premises before grant of licence etc. (c)a person operating premises under a licence granted by the Board of the Green Cloth. Dont worry we wont send you spam or share your email address with anyone. An offence under the Public Health (Minimum Price for Alcohol) An offence under the Firearms Act 1968 (c. 27). 19. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. Registered societies, friendly societies etc. In addition the Regulations prescribe those persons to whom a licence may be granted who do not possess a licensing qualification (regulation 4). Greater London Council (General Powers) Act 1984 (c. xxvii). Whoever holds this role must be named in the operating schedule, which you will need to complete as part of the application process, when you apply for a premises licence. Rejection of applications relating to club premises certificates. Section 204 (licensed premises) ceases to have effect. Four different licences can be issued under the Licensing Act 2003. 200 provisions and might take some time to download. Cigarette & Tobacco Products Licensing Registration and - California Advanced Search (including Welsh legislation in Welsh language), Licensable activities and qualifying club activities, Authorisation for licensable activities and qualifying club activities. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. If youre organising a temporary event and want to serve or sell alcohol, provide late night refreshment, or put on regulated entertainment, youll need to complete a temporary event notice (TEN). (1) The provision of entertainment consisting of the exhibition of Music and film incidental to certain other activities. 8D. Section. 3. long time to run. (2)An application for the renewal of a personal licence made under section 117 of the Act (application for grant or renewal of a personal licence) shall be in the form and shall contain the information set out in Schedule 2 to these Regulations and shall be accompanied by the prescribed fee. The types of licences required are defined as follows: any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a premises licence anyone who. Types of permissions under the Licensing Act 2003 Temporary Event Notices A Temporary Event Notice can be used to authorise small-scale events on a one-off or occasional basis involving. It replaced the old Licensing Act of 1964. * * * "Reciprocal license." A license issued under section 602(a) through (e). If you disagree with the councils decision, you have a right of appeal to the magistrates court. 26. The Home Office does not receive, store or share personal data in relation to applications under the Licensing Act 2003, other than for the purpose of carrying out necessary immigration status checks on behalf of the licensing authority, as set out in relevant licensing forms and in the statutory guidance issued under s182 of the Act. | Institute of Licensing of holder, Application for review of premises licence, Review: supply of alcohol from community premises, Summary reviews on application of senior police officer, Review of premises licence following review notice, Interim steps pending section 53C decision coming into effect, Form etc. 29.The Betting, Gaming and Lotteries Act 1963 is amended as 30.In section 10(1B) (conduct of licensed betting offices) for the 31.In Schedule 4 (rules for licensed betting offices), in paragraph Children and Young Persons Act 1963 (c. 37). hbbd```b``]"_Hfs 1. Contact your local council for advice on which process is more suitable for the change you want to make. Licensing Act 2003 is up to date with all changes known to be in force on or before 01 May 2023. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 8C. to be notified of licensing matters, 179.Rights of entry to investigate licensable activities, 180.Right of entry to investigate offences, 181.Appeals against decisions of licensing authorities, 188.Jurisdiction and procedure in respect of offences, Vessels, vehicles and moveable structures, 189.Vessels, vehicles and moveable structures, 192A.Entitlement to work in the United Kingdom. Alcohol Licensing in Scotland - Glasgow City Council The full variation process is very similar to the application process for a new premises licence and the fee is the same. is capable of being accessed by the recipient; is capable of being read and reproduced in legible written form and used for subsequent reference; the person to whom the application is to be given has agreed in advance that an application may be given to them by those means; and. 91.In section 24(4) (provision of exits in buildings) for paragraph 92.In section 74(2) (exemption for certain premises from requirement for Police and Criminal Evidence Act 1984 (c. 60). 65. 86.The Representation of the People Act 1983 is amended as 87.In section 185 (interpretation of Part relating to legal proceedings), 88.In Schedule 7 (transitional and saving provision), omit paragraph 4. 89.In section 3(7) of the Video Recordings Act 1984 (exempted 90.The Building Act 1984 is amended as follows. Determining whether a club is established and conducted in good faith, The additional conditions for the supply of alcohol. (1) The supply of hot food or hot drink is Exempt supplies: clubs, hotels etc. 19. 108.Right of entry where temporary event notice given, 109.Duty to keep and produce temporary event notice and statement of conditions, 110.Theft, loss, etc. A licensing authority shall not reject any application by reason only of the fact that it is given on a form provided otherwise than from the relevant licensing authority but which complies with the requirements of these Regulations. Different options to open legislation in order to view more content on screen at once. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 16. How do I change my licence or club certificate? (3)Where the text of the application is transmitted by electronic means, the giving of the application shall be effected at the time the requirements of paragraph 2(a) are satisfied, provided that where any application is required to be accompanied by a fee, or any document that application shall not be treated as given until the fee or document has been received by the relevant licensing authority. Where an application is properly made and no responsible authority orother person makes representations, the licensing authority must grant the application, subject only to conditions which are consistent with the operating schedule and relevant mandatory conditions in the act. The Schedules you have selected contains over 200 provisions and might take some time to download. taken against a light background so that the applicants features are distinguishable and contrast against the background. Premises Licence to sell alcohol: This is the principle licence issued under the 2005 Act to authorise premises to sell alcohol on a continual basis. (c)forthwith on sending the text of the application by electronic means, the application is given to the recipient in writing. Application for conversion of existing club certificate. 40 Wellesley Road The objective of the Licensing Act 2003 (the Act) is to provide a clear, transparent framework for making decisions about applications by individuals or businesses wishing to sell or supply alcohol, or provide certain types of regulated entertainment and late night refreshment. The form of the personal licence is prescribed in regulation 5. Production of certificate, rights of entry, etc. The Regulations prescribe the application form to be used by the applicant, the information to be supplied and the documents to accompany the application for the grant or renewal of a personal licence (regulations 6 and 7 and Schedules 1 to 3). 44.The following provisions cease to have effect in England and 45.In section 15 (warrant to enter theatre where offence suspected) 46.Section 17 (existing letters patent) ceases to have effect. Licensing Objectives If you wish to make a representation, then the issue must relate to one of the following licensing objectives or it will not be valid. However in these situations, its only for private clubs where alcohol is only sold to members. 10.Where a licensing authority (a) rejects an application for a Decision to grant club premises certificate or impose conditions etc. The Licensing Act 2003 brought in a large number of changes in relation to the sale of alcohol, entertainment and the ability to sell hot food or hot drinks after 11PM. 96.Inspection of premises before grant of certificate etc. in the second part, the matters referred to in section 125(3) of the Act and the matters referred to in (a) except that the photograph of the holder shall be omitted. 11. You have rejected additional cookies. Thinking of applying for a Personal Licence? All businesses and organisations selling or supplying alcohol, except members clubs and certain community premises must have a designated premises supervisor. 1.2 This guidance has no statutory basis but is intended to assist police forces and licensing authorities when considering using the procedures. 115. Early morning alcohol restriction orders (EMRO) enable a licensing authority to prohibit the sale of alcohol for a specified time between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives. 2.-(1) in this Act unless the context otherwise requires:-"auxiliary business'' means any business not specified in a business licence fee, which may be lawfully carried on under such licence 145.Unaccompanied children prohibited from certain premises, 147.Allowing the sale of alcohol to children, 147A.Persistently selling alcohol to children, 147B.Order suspending a licence in respect of offence under section 147A, 148.Sale of liqueur confectionery to children under 16, 149.Purchase of alcohol by or on behalf of children, 153.Prohibition of unsupervised sales by children, 154.Enforcement role for weights and measures authorities, 155.Confiscation of sealed containers of alcohol, 156.Prohibition on sale of alcohol on moving vehicles, 157.Power to prohibit sale of alcohol on trains. of personal licence, 127.Duty to notify change of name or address, Conviction of licence holder for relevant offence, 128.Duty to notify court of personal licence, 129.Forfeiture or suspension of licence on conviction for relevant offence, 130.Powers of appellate court to suspend order under section 129, 131.Courts duty to notify licensing authority of convictions, 132.Licence holders duty to notify licensing authority of convictions etc, 132A.Convictions etc of licence-holder: powers of licensing authority, 133.Form etc. T.E.Ns An abbreviation for Temporary Event Notice which allows the sale of alcohol (and other licensable activities) on a temporary basis. Record labels: A record label can license its catalog of music to an overseas company instead of taking the lead in the release of the music. of applications and notices under Part 3, Suspension of premises licence for failing to pay annual fee, Licensing authoritys duty to update licence document. The person chosen to be designated premises supervisor (DPS) will act as primary contact for local government and the police. Sub-delegation of functions by licensing committee etc. 5.The provision of entertainment consisting of the exhibition of a Film exhibitions: museums and art galleries. You may also need to send copies of your form (depending on the type of application you are making) to the police and other responsible authorities. Section 17 (existing letters patent) ceases to have effect. (1) An application for the grant of a personal licence made under section 117 of the Act by a holder of a justices' licence during the period commencing on 7th February 2005 and ending on. There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. Licence review for live and recorded music, Right of freeholder etc. These Regulations may be cited as the Licensing Act 2003 (Personal licences) Regulations 2005 and shall come into force on 7th February 2005. The supply of hot food or hot drink on or (1) The following supplies of hot food or hot drink For the purposes of this Schedule (a) the supply of An offence under any of the following enactments. 10.Sub-delegation of functions by licensing committee etc. 32.For section 37(2)(b) of the Children and Young Persons Act Offices, Shops and Railway Premises Act 1963 (c. 41). A cigarette and tobacco products license is required in addition to other permits, accounts, and licenses that may be required depending on your business operations. Objectives of the Act. 1.The Universities (Wine Licences) Act 1743 ceases to have effect. 2.The Disorderly Houses Act 1751 does not apply in relation 3.The Sunday Observance Act 1780 ceases to have effect. Licence fees are prescribed in regulations (the Licensing Act 2003 (Fees) Regulations 2005). For general enquires on licensing you should contact your Local Licensing Authority, do not use the email address above. Each premises licence has an operating plan attached to the licence setting out exactly how alcohol will be sold on the premises and what other activities will be provided. (1) For the purposes of this Act, a person provides 2.Food or drink supplied on or from any premises is Exempt supplies: designated areas, descriptions of premises and times. The sale by retail of alcohol and the supply of alcohol by or on behalf of a club are both licensable activities. The Whole of licence holder. The Secretary of State, in exercise of the powers conferred upon her by sections 120(2)(b), 125(4) and 133(1) of the Licensing Act 2003(1), hereby makes the following Regulations: 1. 8.(1)An application for the grant of a personal licence made under section 117 of the Act by a holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005 shall be in the form and contain the information set out in Schedule 3, insofar as the provisions are relevant to the application, and Schedule 4 and shall comply with the remaining provisions of this regulation. A Regulatory Impact Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies may be obtained from the Alcohol and Entertainment Licensing Branch of the Department for Culture, Media and Sport, 3rd Floor, 2-4 Cockspur Street, London SW1Y 5DH or viewed on the Departments website, www.culture.gov.uk. No changes have been applied to the text. Croydon These licences may be permanent, for a limited period, or for one-off. 22. They will need to check the wholesalers Unique Registration Number (URN) against the HMRC online database. At a hearing, the licensing authority may: All decisions of the licensing authority, and any conditions imposed, must beappropriate for the promotion of the licensing objectives. All applications made under the Licensing Act 2003 through gov.uk will be submitted directly to the relevant licensing authority, based on the post code entered at the start of the process. The Hypnotism Act 1952 is amended as follows. The Whole Act you have selected contains over 200 provisions and might take some time to download. PDF Licensing Act 2003 - Guidance for Applicants and Licence Holders 1.Where a licensing authority (a) rejects an application for a Decision to grant premises licence or impose conditions etc. You can change your cookie settings at any time. You can make representations or comments to the council about applications for new licences, variations or reviews. The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. In Scotland you can apply online for an occassional licence. Types of licence - Basingstoke It may include: You can read information on whether you need approval to put on certain types of regulated entertainment. 7.(1)An application made under regulation 6(1) or 6(2) shall be accompanied by the following documents, (a)two photographs of the applicant, which shall be. 158.False statements made for the purposes of this Act, Closure of premises in an identified area, 160.Orders to close premises in area experiencing disorder, 161.Closure orders for identified premises, 164.Application to magistrates' court by police, 165.Consideration of closure order by magistrates' court, 166.Appeal from decision of magistrates' court, 167.Review of premises licence following closure order, 168.Provision about decisions under section 167, 169A.Closure notices for persistently selling alcohol to children, 170.Exemption of police from liability for damages, 172.Relaxation of opening hours for special occasions, 172A.Power to make early morning alcohol restriction order, 172B.Procedural requirements for early morning alcohol restriction order, 172C.Making of early morning alcohol restriction order, 172D.Variation and revocation of early morning alcohol restriction order, 172E.Exceptions from effect of early morning alcohol restriction order, Modification of premises licences to authorise off-sales for limited period, 172F.Authorisation of off-sales for limited period, 172H.Interim steps pending off-sales review, 172I.Off-sales review of premises licence following review application, 172J.Interim steps pending section 172I decision coming into effect, 172K.Procedural requirements in relation to off-sales reviews and hearings, 172L.Sections 172F to 172K: supplementary, 173.Activities in certain locations not licensable, 174.Certifying of premises on grounds of national security. 138.Keeping alcohol on premises for unauthorised sale etc. Get Licensed is a training marketplace and not a training provider. In paragraph 18 (fees), for proper officer substitute clerk. (b)in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website. PDF Mortgage Brokers, Lenders, and Servicers Licensing Act of applications and notices under Part 6, 134.Licensing authoritys duty to update licence document, 135.Licence holders duty to produce licence, 137.Exposing alcohol for unauthorised sale. (1) In this Schedule, entertainment facilities means facilities 4.The Secretary of State may by order amend this Schedule Film exhibitions for the purposes of advertisement, information, education, etc. In sum, it is suggested that the strength of licensing lies in the identification of competent traders and the exclusion of the incompetent and dishonest. 3. (1) Schedule 9 (permits in respect of amusement machine premises) City of London (Various Powers) Act 1968 (c. xxxvii). You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. There are changes that may be brought into force at a future date. (1) Health care provider means a person providing any form 20.Local authority means (a) a local authority within the meaning Schools, school proprietors and school premises. PDF The Business Licensing Act, 1972 Table of Contents What are the 4 main licensing objectives? prescribed fee in relation to an application, shall be the fee for such application calculated in accordance with the regulations made by the Secretary of State under Part 6 of the Act. For further information, see Schedule 1 to the Licensing Act 2003. Any person or business may make representations on premises licence applications or club premises certificate applications. Alternatively you can download the postal form and guidance for a temporary event notice. %%EOF 64.In paragraph 8 (appeals) (a) in sub-paragraphs (2) and (3), 65.Omit paragraph 11 (payment of indemnity from central funds). Amended guidance issued under Section 182 of the Licensing Act 2003 . The Sunday Theatre Act 1972 ceases to have effect. For personal license applicants the Licensing Act lays down the law for the sale and purchase of alcohol in a variety of circumstance. Anyone who does not hold a personal licence must be authorised to sell alcohol by a personal licence holder. 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. Description. 10.At the end of section 2 of the Celluloid and 11.The Sunday Entertainments Act 1932 ceases to have effect. 56.Licensing authoritys duty to update licence document. of certificate or summary, Period of validity of club premises certificate, Notification of change of name or alteration of rules of club, Change of relevant registered address of club, Application to vary club premises certificate, Determination of application under section 84, Supplementary provision about applications under section 84, Application for minor variation of club premises certificate, Determination of application under section 86A, Supplementary provision about determinations under section 86B, Application for review of club premises certificate, Form etc. (c) The person is licensed as a class I licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. 21.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 22.In section 14(2)(a) (protection against insecurity of tenure of place 23.In section 18(3)(a) (protection against insecurity of tenure in connection 24.In section 27(1) (renewal of tenancy expiring during period of 25.The Hypnotism Act 1952 is amended as follows. may also experience some issues with your browser, such as an alert box that a script is taking a What are the three types of licence issued under the Act? 98.Omit section 2(1A) (application to private rooms of offence of 99.The following provisions cease to have effect. (1) Section 6 (prohibition of sale of alcohol to person 9.After section 8 (meaning of public place) insert Interpretation of Celluloid and Cinematograph Film Act 1922 (c. 35).

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