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Licensing Act 2003 - Frequently Asked Questions
Questions 1 - 7: Premises Licences/Club Premises Certificate - New or Variation.
Questions 8 - 10: Transfer Premises Licence.
Questions 11 & 12: Change Designated Premises Supervisor (DPS).
Questions 13 - 20: Personal Licences.
Questions 21 - 36: General Questions.
- Q: 1 - How do I apply for a New Premises Licence / Club Premises Certificate
- Q: 2 - How much does it cost?
- Q: 3 - How long does it take to obtain?
- Q: 4 - How do I apply to vary my Premises Licence / Club Premises Certificate?
- Q: 5 - How long does the Premises Licence / Club Premises Certificate last?
- Q: 6 - What happens if I become insolvent or bankrupt?
- Q: 7 - Do I still need to have my name displayed over the premises entrance?
- Q: 8 - How do I Transfer the Premises Licence to another person / company?
- Q: 9 - When will the Transfer take effect?
- Q: 10 - What if I cannot get the consent form signed by existing owner?
- Q: 11 - How do I change the Designated Premises Supervisor (DPS)?
- Q: 12 - When will the changes take effect?
- Q: 13 - How do I apply for a Personal Licence?
- Q: 14 - How do I obtain a qualification?
- Q: 15 - How do I get a Police disclosure?
- Q: 16 - How much does a Personal Licence cost?
- Q: 17 - How long does it take to obtain a Personal Licence?
- Q: 18 - How long does the Personal Licence last?
- Q: 19 - What happens if I move?
- Q: 20 - What happens if I lose either part of my Licence?
- Q: 21 - What types of business are covered by the 2003 Licensing Act?
- Q: 22 - If your business is covered by the 2003 Licensing Act, what licences do you need?
- Q: 23 - How do I view the Council's licensing register?
- Q: 24 - Who is a Licensing Authority and what is their role?
- Q: 25 - What are the general duties of licensing authorities?
- Q: 26 - What is the Statement of Licensing Policy?
- Q: 27 - How should statements of licensing policy deal with requirements from other legislation such as health and safety and fire?
- Q: 28 - Can policy statements set out standard conditions?
- Q: 29 - Can a policy statement rule out granting more licences in areas where there is already a high concentration of pubs and bars?
- Q: 30 - How will records be kept of licences issued by the Licensing Authority?
- Q: 31 - How can I inspect the Register of Licences?
- Q: 32 - Can I get a copy of the Register of Licences/extracts of the Register?
- Q: 33 - How many members will there be on a licensing committee? Can Licensing Authorities form sub-committees?
- Q: 34 - Do members of the Licensing Committee have to declare any interests they may have with the premises that are applying for licences?
- Q: 35 - Will Licensing Authorities attach reams of unreasonable conditions to Premises Licences?
- Q: 36 - What does TEN stand for and what does it mean?
- Q: 37 - Does the Live Music Act 2012 affect my application?
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Q: 1 - How do I apply for a New Premises Licence / Club Premises Certificate
A: You must submit an application form, together with a fee and a scaled plan of the premises, to the Licensing Authority and the Responsible Authorities (please click on Responsible Authority list to the right of this page). If you are supplying alcohol there is also a consent form to be completed by the person who is being specified as a premises supervisor.
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Q: 2 - How much does it cost?
A:
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Q: 3 - How long does it take to obtain?
A: The Licensing Authority has a maximum of two months in which to determine applications. However, if after the 28 days period no representations have been received, the licence must be issued as soon as possible. If relevant representations are made and they cannot be mediated out, the application will be put before a licensing sub-committee to determine the application, and this is when it may take up to the full two months.
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Q: 4 - How do I apply to vary my Premises Licence / Club Premises Certificate?
A: The process is the same as for a new premises licence other than you also need to submit your current premises licence with your application as well as the other documents.
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Q: 5 - How long does the Premises Licence / Club Premises Certificate last?
A:
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Q: 6 - What happens if I become insolvent or bankrupt?
A: The administrators can serve interim authority to both the Licensing Authority and the police within twenty eight days from the day after the premises become insolvent/bankrupt which will reinstate the licence from the time the notice is received, ending three months after that date.
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Q: 7 - Do I still need to have my name displayed over the premises entrance?
A: No, this has been replaced by a summary of the premises licence, which needs to be displayed where it can be read by all your customers.
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Q: 8 - How do I Transfer the Premises Licence to another person / company?
A: You must submit an Application form, Consent to Transfer form and the prescribed fee (currently £23) to the Licensing Authority, and a copy of the Application form and Consent to Transfer form to the Police. The Police then have 14 days in which to respond. You are also required to return the current Premises Licence.
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Q: 9 - When will the Transfer take effect?
A: You can state a start date on the Application form or tick the box requesting the Transfer to take immediate effect. Immediate effect will be when the Licensing Authority is in receipt of the full application (Application, Consent to Transfer form and fee).
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Q: 10 - What if I cannot get the consent form signed by existing owner?
A: You are asked on the form to give reasons why you have not enclosed the consent and explain that you have taken all reasonable steps to obtain this consent.
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Q: 11 - How do I change the Designated Premises Supervisor (DPS)?
A: You must submit an application form, consent of DPS and the prescribed fee (currently £23) to the Licensing Authority, and copies of the application form and consent form to the Police and the current DPS. The Police then have 14 days in which to respond.
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Q: 12 - When will the changes take effect?
A: You are asked on the form if you wish the application to take immediate effect, if you do, you just need to tick the box.
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Q: 13 - How do I apply for a Personal Licence?
A: You have to obtain a qualification from one of the five accredited bodies - these are BIIAB, EDI, HABC, NCFE or SQA Level 2 National Award for Personal Licence Holders, obtain a Police disclosure which must not be more than one month old on application and submit this to the Licensing Section, together with two passport photos (one of which should be endorsed on the back), the Application form and Declaration of Convictions form.
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Q: 14 - How do I obtain a qualification?
A: There are five training bodies currently accredited for the personal licence qualification. The Secretary of State has accredited the following personal licence qualification providers under the Licensing Act 2003:
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Q: 15 - How do I get a Police disclosure?
A:
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Q: 16 - How much does a Personal Licence cost?
A: Currently £37.00
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Q: 17 - How long does it take to obtain a Personal Licence?
A: Once you have submitted your application, providing there are no relevant convictions on your Police disclosure, your licence should be issued within 5 working days.
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Q: 18 - How long does the Personal Licence last?
A: A personal licence lasts for 10 years from the date of issue. A renewal form will be sent to you in advance and will need to be returned with the prescribed fee, two photos, Disclosure of Convictions form and a new Police disclosure. The renewal has to be served by yourself two to three months before expiry. If you fail to serve the application on time the licence will expire.
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Q: 19 - What happens if I move?
A:
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Q: 20 - What happens if I lose either part of my Licence?
A: A replacement copy can be obtained from the issuing Licensing Authority on written request accompanied with the current prescribed fee of £10.50.
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Q: 21 - What types of business are covered by the 2003 Licensing Act?
A: Cinemas, theatres, takeaway, mobile takeaway, alcohol, music, dancing and temporary events.
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Q: 22 - If your business is covered by the 2003 Licensing Act, what licences do you need?
A: A Premises Licence if the premises falls into the above categories, and a Personal Licence must be held by a named designated premises supervisor (DPS) to authorise the sale/supply of alcohol.
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Q: 23 - How do I view the Council's licensing register?
A:
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Q: 24 - Who is a Licensing Authority and what is their role?
A:
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Q: 25 - What are the general duties of licensing authorities?
A: It is a duty of all licensing authorities to carry out their functions under the Act with a view to promoting the four licensing objectives, which are:
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Q: 26 - What is the Statement of Licensing Policy?
A: This is a document which sets out how the Licensing Authority will generally approach making licensing decisions, not ignoring or being inconsistent with the provisions of the 2003 Act.
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Q: 27 - How should statements of licensing policy deal with requirements from other legislation such as health and safety and fire?
A: Licensing policy statements should include a firm commitment to avoid duplication with other regulatory regimes, so far as possible. For example, health and safety at work and fire regulations will already place a range of general duties on employers and venue operators. Conditions should only be attached that are necessary for the promotion of the licensing objectives. Requirements that are already provided for in other legislation cannot be said to be necessary in the context of licensing law.
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Q: 28 - Can policy statements set out standard conditions?
A:
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Q: 29 - Can a policy statement rule out granting more licences in areas where there is already a high concentration of pubs and bars?
A: The Licensing Authority can adopt a special policy for a particular area, which it should include in its policy statement if, after following the steps set out in the 2003 Act, and having regard to the Guidance to Licensing Authorities, it is satisfied that it is appropriate and necessary to do so because 'cumulative impact' would affect the licensing objectives. This authority does not currently have a cumulative impact policy in place.
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Q: 30 - How will records be kept of licences issued by the Licensing Authority?
A: All licensing authorities must keep a register containing a record of Personal Licences, Premises Licences and Club Premises Certificates issued by them and Temporary Events Notices received by them.
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Q: 31 - How can I inspect the Register of Licences?
A: You can inspect the Register of Licences during office hours at the office of the Licensing Authority without charge.
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Q: 32 - Can I get a copy of the Register of Licences/extracts of the Register?
A: Extracts from the Register must be supplied to anyone wishing to receive them on demand. A fee may be payable for these copies.
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Q: 33 - How many members will there be on a licensing committee? Can Licensing Authorities form sub-committees?
A: Each Licensing Authority must have a licensing committee of between 10-15 members. They can form one or more licensing sub-committees of at least 3 members.<br /><br />This authority has 10 members on the licensing committee and two sub-committees of 3 members. <br /><br />The licensing committee may delegate its functions to a sub-committee or, for some functions, to an officer of the Licensing Authority.
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Q: 34 - Do members of the Licensing Committee have to declare any interests they may have with the premises that are applying for licences?
A: There are existing measures and mechanisms in place in other legislation in respect of the way in which local authorities discharge their functions which ensure that where it is improper for an individual to be involved in a licensing decision, then self-disqualification would take place. All members of the Council are required to adhere to the Code of Conduct which provides that they must declare personal and prejudicial interests.
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Q: 35 - Will Licensing Authorities attach reams of unreasonable conditions to Premises Licences?
A: Under the new system, an application for a Premises Licence will include an operating schedule setting out certain details about the activities to be carried out. If no relevant representations are made by either responsible authority (e.g. the Police, the Fire Authority) or interested parties (such as local residents) then the Licensing Authority must grant the licence application subject only to the operating schedule and to any mandatory conditions. In cases where relevant representations are made, the Act makes it clear that licensing authorities may only attach conditions to a licence that are mandatory and consistent with the operating schedule, modified to the extent the Licensing Authority considers necessary for the promotion of one or more of the licensing objectives.
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Q: 36 - What does TEN stand for and what does it mean?
A: TEN stands for Temporary Event Notice. This applies to special events that are for no more than 499 persons and last for no longer than 168 hours. It allows you to sell and supply alcohol, provide regulated entertainment (at any time) and provide late night refreshment (supply hot food and drink between 11pm and 5am).
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Q: 37 - Does the Live Music Act 2012 affect my application?
A: Live music is controlled by the Licensing Act 2003, however, with the introduction of the Live Music Act 2012 on 1 October 2012 some aspects of live music performance regulation have been relaxed.
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