General Licensing FAQ
What is the main purpose of the Licensing Act 2003?
The main aim of the Act is to modernise the legislation governing the sale and supply of alcohol and control of public entertainment. The licensing of personnel and premises is now the sole responsibility of Local Authorities in England and Wales.
What are the aims of the licensing regime?
There are four licensing objectives that local authorities are under a duty to promote. These are:-
- The prevention of crime and disorder
- Public safety (note, this also includes the new 'health related' objective applicable to circumstances where alcohol-related health issues are of potential concern)
- The protection of children from harm
- The prevention of public nuisance
What are licensable activities?
Activities that are covered are :-
- The sale of alcohol by retail
- The supply of alcohol to club members and their guests
- The provision of "regulated entertainment"
- The provision of late night refreshment
What is Regulated Entertainment?
Subject to qualifying conditions and exemptions the definition states that it is:-
- A performance of a play
- An exhibition of a film
- An indoor sporting event
- A boxing or wrestling entertainment (indoors or outdoors)
- A performance of live music
- Any playing of recorded music
- A performance of a dance
- Entertainment of similar description to that falling within the performance of live music, the playing of recorded music and the performance of dance.
Does the Act cover entertainment outdoors?
Yes. The definition of "premises" given in clause 188 states that it means "any place and includes a vehicle, vessel or moveable structure". Unlike the current system, outdoor entertainment (or any other licensable activity) can take place on either private or public land and still require a licence.
What is late night refreshment?
Late night refreshment, and the exemptions, are defined in the Act. It is worth remembering that because the definition of premises includes vehicles, a burger van which has regular pitches will require a premises licence for each of these.
What is a Personal Licence?
This is a portable licence granted by the local (licensing) authority of residence to an individual enabling the right to sell alcohol at any premise licensed for the sale of alcohol.
How long is it valid?
10 years. Then the licence holder reapplies to the authority which originally issued the licence irrespective of where they live now.
Are there any qualification requirements for personal licences?
Yes. There is a requirement for personal licence holders to take an approved qualification (the Level 2 Award for Personal Licence Holders (APLH)).
How has the Licensing Act 2003 affected opening hours?
An important aspect of the Act is that it allows pubs, clubs and restaurants to open up to 24 hours a day. Licensing authorities are not able to impose quotas or zoning resulting in artificially staggered closing times.
Are there any other exemptions to this?
Yes. Moving vehicles on the public Highway, live television broadcasts and spontaneous music and singing.
What is a temporary event notice?
A licence enabling the temporary sale of alcohol or the provision of regulated entertainment or late night refreshment at premises not authorised by a permanent premises licence or club premises certificate.
What are the limitations on temporary event notices?
The maximum number of times a person may give a temporary event notice is 50 times in a calendar year for those who hold a Personal Licence or 5 times in a calendar year for non - personal licence holders.
A maximum of 12 temporary event notices may be given in respect of a particular premise in one calendar year.
The maximum number of days a premise can operate under a temporary event notice is 21 days per calendar year. (Please Note: An event starting at 8pm and finishing a 2am the following morning would use up 2 of the maximum 21 days for which the premises could operate under a temporary event notice).
A temporary event must not exceed 168 hours in duration.
A maximum of 499 people can be in attendance at any one time.
How can Pro-Leagle assist in my application for a Premises Licence, Personal Licence, Temporary Events Notice or a Renewal of my Licence?
We provide DIY online application generators or alternatively, can offer a full start to finish service for all Licence applications. We provide both home-study training and an examination center to enable you to obtain the necessary accredited licensing qualification..
Are your fees fixed?
The majority of our fees are fixed and are detailed on our Services & Costs page. Licensing litigation is the only exception to this and is charged at £210.00 per hour
Are you a firm of Solicitors?
Yes. You are therefore ensured professional quality of service.
I do not understand the process - what do I do?
No problem - Pro-Leagle will be happy to talk to you in person.
Can I contact a particular person if there are any problems?
A member of the Pro-Leagle team will take you through the process and inform you of various developments.
How can I contact Pro-Leagle?
You can contact Pro-Leagle either by telephone or through the internet. Letters will only be sent as a last resort. This is how Pro-Leagle keeps your costs down.
Where is Pro-Leagle based?
Pro-Leagle's office is in Croydon, South London. However, our Licensing service is nationwide.
Does Pro-Leagle provide any other services apart from Licensing?
Yes. Pro-Leagle offer a broad range of Company and Business services which may be of interest to you.