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.
Licensing Act 2003 Fees
| Band |
A |
B |
C |
D |
E |
| Rateable Value |
£0 -
£4,300 |
£4,301 - £33,000 |
£33,001 - £87.000 |
£87,001 - £125,000 |
Over £125,000 |
| Annual |
£70 |
£180 |
£295 |
£320* |
£350** |
| New Licence |
£100 |
£190 |
£315 |
£450* |
£635** |
| Future Variation |
£100 |
£190 |
£315 |
£450* |
£635** |
| . |
|
* A multiplier of twice the fee and annual charge applies where
use of the premises is exclusively or primarily for the carrying
on, on the premises of the supply of alcohol for consumption on the
premises.
** A multiplier of three times the fee and annual charge applies
where use of the premises is exclusively or primarily for the
carrying on, on the premises of the supply of alcohol for
consumption on the premises.
(Premises with no NDRV = Band A; Premises under construction = Band
C)
|
| Number of persons present |
Additional fee |
Annual fee |
| 5,000 - 9,999 |
£1,000 |
£500 |
| 10,000 - 14,999 |
£2,000 |
£1,000 |
| 15,000 - 19,999 |
£4,000 |
£2,000 |
| 20,000 - 29,999 |
£8,000 |
£4,000 |
| 30,000 - 39,999 |
£16,000 |
£8,000 |
| 40,000 - 49,999 |
£24,000 |
£12,000 |
| 50,000 - 59,999 |
£32,000 |
£16,000 |
| 60,000 - 69,999 |
£40,000 |
£20,000 |
| 70,000 - 79,999 |
£48,000 |
£24,000 |
| 80,000 - 89,999 |
£56,000 |
£28,000 |
| 90,000 and over |
£64,000 |
£32,000 |
| OTHER FEES |
CURRENT CHARGES
2009/2010 |
| Application for a grant or renewal of personal licence |
£37.00 |
| Temporary event notice |
£21.00 |
| Theft, loss, etc. or premises licence or summary |
£10.50 |
| Application for a provisional statement |
£315.00 |
| Notification of change of name or address |
£10.50 |
| Application to vary licence to specify DPS |
£23.00 |
| Application for transfer of premises licence |
£23.00 |
| Interim authority notice following death etc. of licence
holder |
£23.00 |
| Theft, loss etc. of certificate or summary |
£10.50 |
| Notification of change or name or alteration of rules of
club |
£10.50 |
| Change of relevant registered address of club |
£10.50 |
| Theft, loss etc. of temporary event notice |
£10.50 |
| Theft, loss etc. of personal licence |
£10.50 |
| Duty to notify change of name or address |
£10.50 |
| Right of freeholder etc. to be notified of licensing
matters |
£21.00 |
Statement of Licensing Policy
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 
(90K) 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.
Premises Licences
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
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.
Online Application Forms
Temporary Event Notice
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.
Make an application for a Temporary Event Notice.
View advice on ensuring that your
temporary event runs safely and that any catering provides food
that is safe to eat.
Contact Details
Wyre Forest Customer Service Centre
Kidderminster Town Hall
Vicar Street
Kidderminster
Worcs.
DY10 1DA
Tel: (01562) 732928
