Licensing Act 2003
The Licensing Act 2003 introduced significant changes to Licensing Laws in England and Wales and completely changed the way licensing is dealt with. Licences dealt with by us:
- public entertainment
- late night refreshment
- night cafes
- registered club licence.
If you are involved in carrying out any of the above establishments, you may need to be licensed.
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.
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.
Statement of Licensing Policy
The current Licensing Policy was approved at Full Council in December 2010 for implementation in January 2011.
In accordance with the Act, the policy must be kept under review and remains in existence for a period of five years.
Following a consultation process which took place between 6 July 2015 and 13 September 2015, officers have now updated the revised policy, taking into account both the relevant comments received, as well as the revised Guidance issued by the Home Office.
Following approval of the policy by the Licensing Committee on 19 November 2015, the decision was taken to approve the policy with a recommendation that the policy be adopted by Full Council on 17 December 2015