Licensing Laws and Act 2003

Introduction

In November 2005, the Licensing Act 2003 replaced all existing Liquor and Entertainment Licences in favour of a single premises licence. Where alcohol is being sold, it is necessary for someone to hold a personal licence to authorise the sale. There is a new Club Certificate and a notification process for small short-term events, called Temporary Event Notices (TEN’s). The new licences are aimed at enabling licensees to have more flexible opening hours with regard to the sale of alcohol. There are no longer set licensing hours so licensees are free to apply for any hours they want. The Act also requires premises supplying hot food and drink after 11.00pm to be licensed, including take-aways.

As part of the changes brought about by the Licensing Act 2003, Wyre Forest District Council assumed responsibility for licensing all outlets in the district that provide licensable activities.

The Licensing Act 2003 requires the Council to publish a Statement of Licensing Policy before it can carry out any functions regarding individual applications made under the Act.

In November 2007 Wyre Forest District Council adopted its Statement of Licensing Policy (42K) and the statutory policy period begins on 7th. January 2008. The Act introduced changes in the law relating to alcohol sales, public entertainment and late night refreshment and this policy informs businesses and residents of the Wyre Forest district how the Council will carry out its licensing function.

Legislation requires the Council to publish a new policy every three years - or sooner if the policy is impacting on the provision of regulated entertainment.

The Council's aim is to facilitate well run and managed premises with licence holders displaying sensitivity to the impact of the premises on local residents.

The licensing authority has a duty under Section 17 of the Crime and Disorder Act 1998 to do all it can to prevent crime and disorder in the district.

Under the Act, a licence is required for any of the following:
•    Retail sale or the supply of alcohol.
•    Performance of a play.
•    Exhibition of a film.
•    Indoor sporting events.
•    Boxing or wrestling events.
•    Performing live music.
•    Dancing.
•    Providing facilities for making music or dancing.
•    Supplying hot food or drink between 11.00pm and 5.00am.

Wyre Forest District Council has become the licensing authority for this area, dealing with all licensing functions relating to the above-mentioned activities. As part of its responsibility, the Council prepared a licensing policy. This Licensing Policy explains the factors that the council considers when examining applications for licences, and for monitoring compliance with licence conditions. This policy also explains the objectives of the council in relation to licensing.

The four main objectives, which have equal importance, are as follows:
•    Prevention of crime and disorder.
•    Protection of children from harm.
•    Protection of public safety.
•    Prevention of nuisance.

When determining applications for licences the council can only consider matters that will impact on one or more of these licensing objectives. The regime will be an opportunity for the council to rise to the challenge and continue to encourage commerce and the provision of live entertainment, whilst protecting the public.

Premises licences, once granted, will last for the life of the business and will therefore not be required to be renewed but will have to pay an annual charge. However where premises create problems which impact on the four licensing objectives (see above) anyone can ask for a licence to be reviewed by the council.  If the objections are upheld the council has the power to restrict or remove conditions on the licence or revoke.

Reviews may be called, for example, where there is evidence of ongoing nuisance or where the police or council officers witness breeches of licence conditions. In any case, there MUST be evidence in support of requests for review. The council has the ability to dismiss objections that it considers “vexatious”, “repetitive” or “frivolous”.

Applications to licence premises have to be accompanied by various documentation - including a scaled drawing, and an operating schedule. The contents of Operating Schedules must detail the proposed licensable activities, including whether or not alcohol is to be sold, the type of regulated entertainment to be provided, the hours they propose to open and how they intend to satisfy the four licensing objectives.

The Licensing Act 2003 represents a unique opportunity for licensees, Police, residents, businesses and the council to work together in a partnership.

Personal licences are needed by anyone who supervises the sale of alcohol in any premises - including pubs, off-licences, restaurants, and hotels. Applications for a personal licence must be made to the council for the area in which the applicant lives. The council will then be responsible for continuing to issue the licence even if the holder moves away from the area.
To qualify for a personal licence applicants must be:

•    Over 18.
•    Not have any of the relevant criminal convictions outlined in the Act.
•    Possess an approved licensing qualification.

Personal licences are valid for 10 years. There are various duties on holders of personal licences, and the court can forfeit their licence if they are convicted of various offences.

Temporary and occasional events

If a premises is not a holder of a premises licence or club premises certificate and intend to organise an event, which includes the sale of alcohol, regulated entertainment and late night refreshment, then a Temporary Event Notice will be required. This also applies to licensed premises who want to increase the times or activities for a single event.

The organiser must however send two Temporary Event Notice to the Council with the fee of £21 and a copy to the police 10 working days prior to the event taking place. The police can, if they wish, issue, within 48 hours, an Objection Notice if they consider that the event will undermine the crime and disorder objective. If no objection notice is received the event can proceed. Section 193 of the Act defines "working day" as any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales. "Ten Working days" notice means ten working days exclusive of the day on which the event is to start, and exclusive of the day on which the notice is given to the Local Authority. We cannot accept notices even one day late.

Anyone aged 18 or over can give a maximum of five TENs per year. Personal licence holders can give a maximum of fifty TENs per year. TENs are subject to other maximum limits set out below:

Each event covered by a TEN can last up to 96 hours and no more than twelve TENs can be given in respect of any particular premises in any year, subject to a maximum agregate duration of the periods covered by TENs at any indivdual premises of 15 days in any year. There must be a maximum of 24 hours between events notified by a premises user in respect of the same premises.

Download a Temporary Event Notice application form  (158K)

View advice on ensuring that your temporary event runs safely and that any catering provides food that is safe to eat.

Wyre Forest Customer Service Centre
Kidderminster Town Hall
Vicar Street
Kidderminster
Worcs.
DY10 1DA
Tel: (01562) 732928