Licensing Act 2003 A Summary

The Licensing Act 2003 ("the Act") was passed on 10 July 2003

Key Measures contained in the Act include:

• flexible opening hours for premises, with the potential for up to 24 hour opening, seven days a week, subject to consideration of the impact on local residents, businesses and the expert opinion of a range of authorities in relation to the licensing objectives. (This is intended to minimise public disorder resulting from fixed closing times;)
• a single premises licence which can permit premises to be used to supply alcohol, to provide regulated entertainment and to provide refreshment late at night. This will bring together the six existing licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafes)
• a new system of personal licences relating to the supply of alcohol which will enable holders to move more freely between premises where a premises licence is in force;
• premises licences to be issued by licensing authorities after notification to and scrutiny of all applications by the police and other responsible authorities. Those living in and businesses operating in the vicinity of the premises will also be able to make representations on applications;
• personal licences to be issued by licensing authorities after scrutiny by the police where the applicant has been convicted of certain offences.
  

The Act lists four licensable activities, which are to be regulated by the provisions of the Act. These, in brief, are:
The retail sale of alcohol;
The supply of alcohol by clubs;
The provision of regulated entertainment;
The provision of late night refreshment.

The Need for a Licence?

Licensable activities may only be carried on under, and in accordance with, a premises licence, temporary event notice or club premises certificate. If you intend to carry on any of the licensable activities and unless your activity is covered by one of the exemptions in the Act, you will need one of these three authorisations.
It is an offence to carry on any licensable activity without such an authorisation.

Timings

• The consultation period for secondary legislation ended on 31st October 2004.
• All local authorities are currently writing their licensing policies. They are under a duty to consult the trade.. What they decide in their policy will affect trade in the future.
• Final policies must be published one month before the 7th February 2005.
• From 7th February to 6th August 2005 any licence or certificate that is fully in force on 7th February can be converted into a premises licence, (i.e. provisional licences cannot be converted). An omission to convert during this period will result in the need to apply for a new premises licence with all the advertising requirements, and the loss of any guarantee of retaining current permissions.
• Any licence or certificate declared final or granted after 7th February cannot be converted. An application for a new premises licence must be made.
• Variations to current permissions can be applied for at the same time as the application to convert current licences or certificates.
• On the second appointed day, which is likely to be in November 2005, all licences granted by the local authority will come into force. Also on this day all licences, gaming permits in licensed premises and certificates granted by the Court, and all entertainment licences, will automatically expire.
• Between 7th February and 6th August 2005 individuals named on a Justices' Licence can also apply to the local authority for a personal licence. They will need one of these if they are going to authorise sales of alcohol at the premises either as designated premises supervisor or in the absence of the designated premises supervisor.
• An individual qualifies to make this application if they are named on a Justices' Licence on 7th February 2005 or are granted or transferred onto a Justices' Licence at any time between 7th February and 6th August 2005. If they apply after 6th August 2005 the application is not as straightforward. They will have to pass a new licensing qualification based on the 2003 Act and will have to obtain a Criminal Records Bureau certificate. These certificates can take up to eight weeks to arrive.
• Until the premises licence and personal licence come into force in November 2005 current licences and certificates will continue to operate under the current law. These licences and certificates must therefore be maintained as usual.

Proposed Fees:

• The proposed fees for licences, certificates and notices under the new Licensing Act have been recently published for consultation.
  They include:
• £80 - £500 one-off payment for a licence under the new system;
• £40 - £225 annual fee;
• £37 for a personal licence; and
• £21 for a temporary event notice.

This newsflash summarises complex legislation and is not intended to be relied upon as a definitive statement of the law

October 2004

Carmela Inguanta Partner, 020 7544 5639 carmelai@sghlaw.com