Some Frequently Asked Questions for Licensing

LICENSING ACT 2003

What  Benefits Will The Act Deliver?
 
The main benefits of the Act are:

1. It is a key part of the Government's strategy for combating alcohol-related crime and disorder and anti-social behaviour. It will help to reduce the problems of disorder and disturbance associated with fixed universal closing times;
2. The hospitality and leisure industry is a major part of the tourism sector and the Act will contribute towards a significant boost for tourism. It represents a radical modernisation of an archaic licensing system, which has made our cities and towns less attractive to visitors and hinders efforts to compete with European cities;
3. It forms part of the Government's regulatory reform agenda and should save industry £1.97 billion in the first ten years of operation;
4. It provides much greater scope for the further development of our rich culture of live music, dancing and theatre, both in rural areas and in our towns and cities. Local Authorities will be able to recognise and supplement their role in promoting these cultural benefits through their direct involvement in the new regime;
    
   It creates a licensing system that affords a voice to local residents living and businesses operating near premises where licensable activities are carried on.

 
What Are The Activities Covered By The Licensing Act?
 
The Act lists four licensable activities, which are to be regulated by the provisions of the Act. These, in brief, are:

1. The sale by retail of alcohol; 
2. The supply of alcohol by clubs; 
3. The provision of regulated entertainment; 
4. The provision of late night refreshment.

 

Do I Need 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.

 
When Does The Act Come Into Force?
 
7 January 2005

1. This is the date before which licensing authorities must have determined and published their first licensing policy statement, which will apply for the three year period starting with that date.

 

7 February 2005

1. First appointed day. Licensing Authorities begin processing licensing applications for conversions to premises licences, club premises certificates,simultaneous variations, new licences/certificates. Fast track applications for personal licences being made thereafter.

 

March 2005

1. DCMS proposes to release draft regulations on Temporary Event Notices for public consultation.

 

Approximately 9 months after the first appointed day (November 2005)

1. Second appointed day.
2. End of old licensing regimes. 
3. New premises licences and club premises certificates given effect.

 

Does The Act Mean 24 Hour Opening For Licensed Premises?
 
Not necessarily. The Government is not promoting 24 hour drinking. The Act will lead to flexible, rather than uniform, closing times and allow for the possibility of premises to remain open for up to 24 hours. The actual hours of operation will vary from venue to venue depending on the operator's wishes and the consideration of the views of people affected, for example, local residents and businesses. Alongside their application for a premises licence, applicants will be required to submit an operating schedule to the licensing authority, which will include the proposed hours of operation. If no relevant representations are made in relation to the application, the licensing authority must grant the application.

 
In practice this will mean that, unless relevant representations are made, the operating hours included in the licence will be those requested by the applicant. If, on the other hand, relevant representations are made, the licensing authority has discretion on the matter.  In determining what opening hours to include in the premises licence, the licensing authority will take into account the relevant representations and will reach its decision on what is necessary with a view to promoting the licensing objectives.

 
Recent surveys indicate that fewer than 2% of licensed premises are likely to seek 24 hour opening. But many will want to open later than they do at present, particularly at popular times like weekends.

 

Won't Longer Opening Hours For Pubs and Clubs Lead To More Disorder And Disturbance To People Who Live Nearby?
 
In the context of premises selling alcohol, research shows that crime and disorder is worst at 'chucking out time' when, following a race to drink in excess just prior to last orders, everyone is forced out of pubs and clubs at the same time. This produces conflict and heavy pressure on police resources to keep control. The Government believes that flexible opening hours would mean a more dispersed departure of drinkers during the night, thereby reducing this problem and making life more manageable for the police and local residents. The Act will also give local communities a voice in licensing applications and will provide a more effective range of remedies which can be taken against badly run premises.
 

Won't The Act Kill Live Traditional Music In Small Venues?
 
Not at all. The current law has hindered the development of live music because a public entertainment licence in some local authority areas can be very expensive. The new system will remove that current disincentive. For example, a small pub that wants to put on live music can obtain at the same time a single premises licence permitting the sale of alcohol and the provision of live music for the same cost as a licence solely permitting the sale of alcohol.  The Government expect to see more venues taking advantage of these changes.

THEATRES

What Are The Legal Requirements?

Stage play performances are controlled under the Theatres Act 1968. The main purpose of the act was to:

1. Abolish censorship powers to regulate the nature and manner of the public performance of plays.
2. Make local authorities responsible for the licensing of public plays.
3. Create offences for presenting/directing public (or private) plays which are obscene/incite racial hatred or provoke a breach of the peace.

 

In general terms a licence is required for any premises (including outdoor events) that provide the public performance of a play. "Play" is defined as "any dramatic piece ... by one or more persons ... playing a role" and also includes "any ballet ...".

 

A licence is only required if the performance is public and therefore private theatre clubs or performances restricted to invited persons only (such as Parent/Teacher) performances at schools) will be exempt from the licensing code. It does not matter if payment for admission is made or not, and the general test is whether, on the evidence, any reasonable member of the public could gain admittance.

 

Other exempt premises from the licensing code are:

1. Premises for which letters patent have been granted by the crown.
2. Premises or vessels under the control of the armed forces (see Revision of the Army and Air Force Act (Transitional Provisions) Act 1955).

 

Licences are granted at our discretion and will be subject to terms, conditions or restrictions (for example to regulate numbers admitted, hours of operation and whether or not we will allow for the sale of alcohol under the terms of your licence). Licences are usually for one year but may be for shorter periods. It is an offence to breach the conditions of your licence and we may revoke same if you are convicted of breaching conditions.

 

Licences can also be renewed, transferred or granted for occasional performances. Once licensed, we can consider an application to either vary terms/conditions or cancel your licence at your request.

 

If you are constructing, extending or altering premises we may grant a provisional licence subject to a condition that it will be of no effect until confirmed by us.

 

You must pay a fee for the grant, renewal or transfer of a licence, although we may waive fees for occasional public performances if satisfied that the play(s) to be performed are of an educational nature or for a charitable purpose.

 

We will consult with the Police, Fire Authority and if necessary Ward Councillors and other council officers who offer technical advice to us in considering applications. We have the power to enter and inspect premises to ensure that your conditions of licence are being complied with.

 

It is not necessary to obtain a separate justices drinks licence for the sale of liquor if the proprietor of the premises has given notice to the clerk to the Licensing Justices (Section I 99(C) of the Licensing Act I 964 refers). However we may prohibit the sale of alcohol (after individual consideration and consultation with the Police) if appropriate to do so. In all cases, the sale of alcohol can only take place during normal permitted hours but are not confined to either theatre patrons or during stage play performances (unless we specify by way of restrictions).

 

Appeal provisions against the refusal to grant, renew, transfer or imposition of conditions apply direct to the Magistrates Court. Appeals also apply to our refusal to vary conditions or if we revoke your licence.

 

What Information Must You Provide To Us?

To help us consider your application we would like you to show us that:

You have completed the application form fully in every respect. You must give 21 days notice for a grant or transfer application and 28 days for a renewal application. NB We will send a copy to the Police and Fire Authorities.

 

You have submitted the licence fee which will be shown on the application form (unless for an educational or charitable performance).

 

You have provided 7 copies of scale plans of the premises showing the licensed area(s) edged in red.

 

You have provided certificates of competence in respect of:

1. Emergency Lighting
2. Fire alarm system (if installed)
3. Fire fighting equipment
4. Ceiling inspection certificate
5. You have supplied a recent colour passport size photograph of each applicant.
   

TAXI AND PRIVATE HIRE CARS

When Is A Licence Needed?
A vehicle needs a Hackney Carriage Licence if it is to stand or ply for hire in a street. This includes picking up passengers or waiting for them in the street. The legal rules still use the old fashioned term Hackney Carriage instead of Taxi or Taxi Cab. A Private Hire Licence is needed for a vehicle that is booked only by telephone or at a Private Hire office.

How Do I Get A Hackney Carriage/Private Hire Driver's Licence?
You can apply to the Taxi Licensing Office at the address below. You will be required to book a Knowledge Test and given an application form and, both a Criminal Records Bureau (CRB) check form and a DVLA form. You will be required to pay the appropriate licence fee and CRB disclosure fee once you have successfully completed the Knowledge test.

Where Can I Get A Licensing Application Form?
We will send one out if you contact the Licensing Team.

How Long Does An Application Take To Process?
A new licence will not be issued until the CRB disclosure is returned and therefore this depends on how quickly the Criminal Records Bureau respond. Generally new applications are dealt with in approximately 6 to 8 weeks however in the case of renewals the licence will be issued before the CRB disclosure is returned and therefore can be done at once providing all the appropriate paperwork is provided.

Where Is The Taxi Licensing Office And What Are Your Opening Times?
Licensing Office, Craven District Council, The Council Offices, Granville Street, Skipton, North Yorkshire, BD23 1PS.

The Licensing Office opening times are:

Monday to Thursday 9am to 1pm

Friday By appointment only

What Paperwork Do I Need To Apply For A Taxi/Private Hire Drivers Licence And How Much Do They Cost?
You will need an application form, Criminal Records Bureau (CRB) check and DVLA forms and Craven District Council’s Rules Regulations and Procedures for Hackney Carriage & Private Hire Licensing, medical (if required) and reference forms. For a copies of the forms contact the licensing team The form must be signed by the applicant and sent back to the Council along with the appropriate fee.

Are Applicants Scrutinised?
We are advised by the Criminal Records Bureau (CRB) about all new applicants for licences, and about applicants for renewal. We treat each application on its merits and want to be sure that the applicant is a fit and proper person whom members of the public can trust.

Can The Council Refuse To Give A Licence?
Yes, if we have good reason to believe that the applicant is not a fit and proper person. An applicant may appeal to the Magistrates Court if they believe that the Council's decision is wrong.

What Knowledge Do Applicants Have To Have?
Drivers cannot give an efficient service to passengers unless they know the area thoroughly and the quickest routes to any destination for which a passenger may ask. So we test applicants on their knowledge of the Craven District Council area.

Are The Vehicles Checked?
Inspections of licensed vehicles are carried out to see they meet strict safety and mechanical conditions and the fare meters are accurate. We also regularly carry out on-the-spot unannounced inspections

How Do I Become A Private Hire Operator?
You will need an Operators Licence. You must complete an application form and send it to the Council Offices at the address on the Contact the Council page along with the appropriate fee.  A letter must also be obtained from the Planning Department confirming that either the necessary planning permission for the premises is in place or is not required. If you also wish to run your own vehicles and act as a driver you will also need Private Hire Vehicle Licences and a Private Hire Drivers Licence.

 

Can I Get A Temporary Taxi Driver's Licence?
No

How Do I Get A Hackney Carriage Vehicle Licence?
Book an appointment to have the vehicle tested and then complete an application form, available from the the Licensing Team and return along with the appropriate fee including the cost of plates & signs.

How Do I Get A Private Hire Vehicle Licensed?
Book an appointment to have the vehicle tested and then complete an application form, available from the Licensing Team and return along with the appropriate fee including the cost of plates & signs.

 

Who should I Contact?
For further information about taxis/private hire, contact the Licensing Team.

PUBLIC ENTERTAINMENT

What Types Of Public Entertainment Require A Licence?

There are three distinct categories of entertainment for which a Licence would be required. These are as follows:-

1. Public dancing or music or any other public entertainment of a like kind.  This category will also include such types of entertainment known as Karaoke.
2. Any sporting event to which members of the public are invited as spectators (a "sports entertainment"). However, this only applies to indoor sports premises. Examples could include boxing tournaments, indoor swimming galas etc.
3. Public musical entertainments held wholly or mainly in the open air and at a place on private land. A good example of this kind of entertainment is a pop music festival.

When Is An Entertainment "Public"?

A Licence is only required if the entertainment is open to the public.

 
The test of whether premises are open to the public is not whether one or two or any particular number of members of the public are present, but whether, on the evidence, any reputable member of the public could come in. The Council cannot refuse however, to consider an application from, for example, a Members' Club which could be considered as a form of private entertainment.

 

Functions such as weddings, birthday parties, wedding anniversaries etc would be private as members of the public would not be permitted to gain admittance to the entertainment being provided.

 

A word of caution to applicants in respect of persons wishing to "hire" premises for "private functions". It has been found that, on occasions, persons wishing to hire venues have given assurances that the event is private and this is subsequently found not to be the case!

 

Whether a fee is charged or not makes no difference to the requirements for obtaining a Licence. It is whether public entertainment is being provided or not which determines whether a Licence is needed.

What Types Of Entertainment Do Not Need A License?

1. Music provided in a place of public religious worship, or performed as an incident of a religious meeting or service; entertainments in a pleasure fair.
2. Entertainment consisting of a sports event which is not the principal purpose for which the premises are used on that occasion. (Important: this provision does not apply in relation to a sports complex).
3. (Subject to above) Entertainment in the open air, even though musical, such as a garden fete, bazaar, sale of work, sporting or athletic event, exhibition display or other function or event of a similar character.
4. Under Section 182 of the Licensing Act 1964, there is an exemption from applying for a Public Entertainment Licence providing that the entertainment consists of no more than 2 performers or background music. This means that premises which hold a Justices on-licence are able to provide limited entertainment such as a single duo or pre-recorded music. As mentioned earlier, this does not, however, include Karaoke entertainment.
5. Private Functions subject to advice outlined previously.

LATE NIGHT REFRESHMENT HOUSES

Who Needs A Licence?
Any person who keeps a room, shop or building kept open for public refreshment, resort and entertainment at any time between the hours of 10 o’clock at night and 5 o’clock in the morning, other than exempt licensed premises.

 

What Are “Exempt Licensed Premises”?
A house, shop or building which –

1. Is licensed for the sale of beer, cider, wine or spirits;
2. Is not kept open for public refreshment, resort and entertainment at any time between normal evening closing time and 5 o’clock the following morning.

What Is “Normal Evening Closing Time”?

1. In relation to premises with permitted hours in the evening, thirty minutes after the end of those hours;
2. In relation to premises without permitted hours in the evening - 10 o’clock at night;

What Are “Permitted Hours”?
The hours specified in section 60 of the Licensing Act 1964 as modified by any other provision of that Act.

 

Do I Also Need Planning Permission ?

Applicants are informed that they should check with the planning department if they have new premises and if existing premises whether change of use etc requires planning permission before applying.

 

How Long Does The Licence Last For?
Licences last until 31st March in any year.A licence granted between 31st March and 1st May in any year has effect from 1st April and licences granted at any other time have effect from the date of grant.

 

Can The Council Refuse An Application?
There is no provision for refusal of an application.

 

Can The Council Impose Conditions On The Licence?
The Council can impose only three types of condition:

1. It can if satisfied that it is desirable to do so in order to avoid unreasonable disturbance to residents of the neighbourhood require the premises to be closed at specified hours between 2300 and 0500;
2. It can prohibit the charging of any tariff in connection with the entertainment of persons during late opening hours, for food, drink or admission (except reasonable charges for use of cloakroom or toilet facilities) unless the tariff is properly displayed outside;
3. It can prohibit seeking to obtain custom by means of touting outside or in the
   vicinity of the premises.

 

Do I Have A Right Of Appeal If An Opening Hours Condition Is Imposed On The Licence?
Yes, to the Magistrates Court. The Court can give such directions as it thinks fit. There is no right of appeal against any other condition.

 

Does The Council Keep A Register Of Licences?
Yes.

 

Are There Any Special Criminal Offences Applying To Late Night Refreshment Houses?
Yes: These are set out in the Late Night Refreshment Houses Act 1969.

 

CINEMAS

What Information Must You Provide To Us?

To help us consider your application we would like you to show us that:

1. You have completed the application form fully in every respect. NB We will send a copy to the Police and Fire Authorities.
2. You have submitted the statutory fee which will be shown on the application form.
3. You have provided 4 copies of scale plans of the premises showing the proposed licensed area(s) edged in red.
4. You have provided certificates of competence in respect of:
   1. Emergency Lighting
   2. Fire alarm system (if installed)
   3. Fire fighting equipment
   4. Ceiling certificate
   5. Projection room equipment
   6. You have supplied a recent colour passport size photograph of the applicant.
       

AMUSEMENT WITH PRIZE MACHINES

What Are The Legal Requirements?

The main Act of Parliament covering the control of gaming machines is the Gaming Act 1968. This act primarily replaced Part II of the Betting, Gaming and Lotteries Act 1963 and introduced a licensing code for the regulation of gaming machines and established strict controls under which machines may be sold, supplied and maintained.

 

The main purpose of the 1968 Act was also to curb forms of gambling which were liable to be commercially exploited and abused and to also:-

1. Purge criminal activity 
2. Cut out excessive profits 
3. Ensure gaming is honestly conducted in decent surroundings.

The law is very wide ranging and complex. Our control is limited to gaming at premises under Part III of the 1968 Act which relates to "gaming by means of machines by way of amusement with prizes". Sometimes these machines are more commonly known as "fruit machines".

 

Further changes to the 1968 Act have been made by the Deregulation (Gaming Machines and Betting Office Facilities) Order 1996 which permits us to allow for the provision of "all cash machines" in licensed amusement centres only.

Our licensing control only extends to "Amusement with Prizes" and does not extend to video games type machines where no prize is given.

 

For the purposes of clarity, the following 'key' interpretations are taken from the 1968 Act.

 

1. "Gaming"

Means the playing of a game of chance (not skill) for winnings in money or monies worth, whether any person playing the game is at risk of losing any money or monies worth or not.

1. "Machine"

Includes any apparatus which is:

1. Constructed or adapted for playing a game of chance by means of the machine (including, for example, mechanical grab cranes)

 AND

1. Has a slot or aperture for the insertion of cash or tokens

 

1. "Permit"

Means a permit issued to the occupier of premises in Craven under Section 34 of the Gaming Act 1968

1. "Premises"

Means any place (except for premises holding a justices on licence other than a Part IV licence - where you must obtain a permit from the Magistrates and not the Council).

 

Permits are not transferable and once granted or renewed last for 3 years. Generally speaking we cannot impose conditions on a permit other than to limit the maximum number of machines that may be made available for gaming purposes at certain classes of premises.

What Information Must You Provide To Us?

To help us consider your application we would like you to show us (apart from those requirement shown above) that:

1. You have completed the application form fully in every respect.
2. You have advised us whether the application is for:

A permit under Section 34(1) of the 1968 Act (small premises)

or

A permit under Section 34 (5E) of the 1968 Act (Amusement Centres)

1. You have provided the permit fee which will be shown on the application form.
2. You have provided recent passport size colour photo(s) of the occupier(s) of the premises.

 

Granting/renewing your permit

Once you have completed steps 1-4 we will determine your application as quickly as possible.Once granted your premises will be visited periodically by Licensing Officers and it is important that you retain high supervisory standards.In particular, occupiers of premises using "the all cash machines" must observe the following conditions:-

1. In premises where admission is restricted to persons aged 18 or over, no person under 18 shall be admitted to the premises

AND

1. In the case of premises where admission IS NOT restricted to persons aged 18 or over:
   1. Any machine of an "all cash" type is located in an area of the premises physically separated from the remainder of the premises.
   2. Only persons aged 18 or over shall be admitted to such areas
   3. Access to such areas shall be supervised.
   4. 
      Such areas shall be easily observed.
   5. 
      At the entrance to and inside such areas there shall be prominently displayed notices indicating that access to the area is prohibited to persons under 18.

WARNING

Contravention of the above conditions is a criminal offence. Upon conviction we may ask the convicting court to cancel the permit. Alternatively, failure to abide by the conditions may lead to the non-renewal of a permit. Equally, there are statutory conditions under Section 34 of the 1968 Act that you must observe. These are not reproduced here but you should consult your own legal adviser. There are also strict legal rules on the charges for playing a game and on the monetary/non-monetary prizes available.