Licensing Act 2003 (Sale or Supply of Alcohol / Late Night Food / Regulated Entertainment)
Under the Licensing Act 2003, the Local Authority is responsible for the issuing of Licences. The Act itself came into force on 24th November 2005. The 'Act' means that a Premises Licence will be required for any of the following activities:
- Sale or Supply of Alcohol
- The provision of regulated entertainment (including theatres and cinemas)
- The sale of hot food and/or drinks between the hours of 23:00 and 05:00
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. In addition, anyone involved with the sale or supply of alcohol will require a Personal Licence under the new regime
It is an offence to carry on any licensable activity without such an authorisation.
Craven District Council is the Licensing Authority for the district and is required under section 5 of the 'Act' to determine and publish a 'Licensing Policy' every three years. The policy incorporates the four under mentioned Licensing Objectives, which all applicants must address:
- Promotion of public safety
- Prevention of crime & disorder
- Prevention of public nuisance
- Protection of children from harm
The Licensing Act 2003 established a single integrated scheme for licensing premises, which are used for the supply of alcohol, to provide regulated entertainment or to provide late night refreshment. Permission to carry on some or all of these licensable activities will now be contained in a single licence – the premises licence, and the Act has accordingly swept away considerable red tape at a stroke.
The Act also provides a balanced package of freedoms and safeguards. It will have an important role in the prevention of crime and disorder and public nuisance perpetrated by a minority. It will give the responsible majority more freedom and choice about how they spend their leisure time.
The Act provides certain rights of appeal to the magistrates' court for those who feel aggrieved by decisions made by licensing authorities. So a right of appeal is not only afforded to applicants where their application has been rejected, or has been granted subject to conditions, but is also afforded to those who made relevant representations in relation to an application; for example, a local resident has a right to appeal against the decision of the licensing authority to grant a premises licence if they made relevant representations as an interested party in relation to the application where he considers the application should not have been granted.
The Act marked the end of the existing outdated licensing regimes. The legislation reflects that the licensable activities it covers are to be carried on in a modern, vibrant society and deserves a more streamlined and unified licensing system.
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 will help 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 brought together the six previous licensing regimes (alcohol, public entertainment, cinemas, theatres, late night refreshment house and night cafes) thereby cutting down on red tape; A new system of personal licences relating to the supply of alcohol which enables holders to move more freely between premises where a premises licence is in force;
- Premises licences are 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 will be issued by licensing authorities after scrutiny by the police where the applicant has been convicted of certain offences.
Application forms can be downloaded here.
Online Applications
From 28th December 2009 all local authorities should be able to accept applications and fees on line to comply with the European Directive. Unfortunately due to technical difficulties Craven District Council is unable to offer this facility at this time. Work is being carried out, and on line applications should be able to be processed sometime in the new year. This website will be updated with information when available.
A Public Register of all licences issued by Craven District Council can be viewed on line.