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Licensing Act 2003

On 24 November 2005 the Licensing Act 2003 introduced significant changes to Licensing Laws in England and Wales. Whilst there has been much media focus upon specific parts of the legislation, this document has been designed to provide clarity as regards the main licensing aspects. New additions to these pages include the new Mandatory Licensing Conditions and Minor Variaitons.

The new law completely changed the way licensing is dealt with. Licensing for the sale of alcohol was dealt with by the local Magistrates' Court, now the Act is in force the following are licensed by local authorities:

  • Alcohol
  • Public Entertainment
  • Theatre
  • Cinema
  • Late Night Refreshment
  • Night Cafes
  • Registered Club Licence

License types

In addition the types of licences have also changed, therefore if you are involved in carrying out any of the above you may need to be licensed.

The old licence types have been replaced with a new single integrated scheme for licensing premises carried out by local authorities in the form of:

On the 24 November 2005 (the "Second Appointed Day") the old licensing regimes came to an end and the new premises licences, personal licences and club premises certificates came in to force

Key measures

The key measures contained in the act are:

  • Flexible opening hours, with the potential for up to 24 hour opening, seven days a week, subject to consideration to the impact on the local residents. This, it is hoped, will help to minimise public disorder resulting from fixed closing times.
  • Premises Licence a single scheme for licensing premises which sell alcohol, provide public entertainment or provide refreshment late at night.
  • Personal Licences a new system of personal licences which allow holders to sell or serve alcohol for consumption on or off any premises possessing a premise licence.
  • Designated Premises Supervisor a personal licence holder immediately identifiable as being in day to day charge of licensed premises.
  • Magistrates Court to deal with appeals against the local authority.
  • Further infomation is available in our Statement of Licensing Policy.

In offering this advice we wish to make it clear that:

  • Legislation may change over time and the advice given is based on the information available at the time the guidance was produced. It is not necessarily comprehensive and is subject to revision in the light of further information.
  • Only the courts can interpret statutory legislation with any authority.
  • This advice is not intended to be a definitive guide to, or a substitute for, the relevant law. Independent legal advice should be sought where appropriate.

For further information and guidance please Services A-Z Plugin (Link to Licensing - alcohol and entertainment, Link Text is contact our licensing team)

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