Where can I obtain application forms from?
Department of culture, media and sport website.
When does the new Act come into force?
Between 7th February 2005 and 7th August 2005, licensees must apply for their Personal Licences and convert or vary their existing licences to the new Premises Licences. Your existing licence(s) will remain in force until 7th November 2005 (date to be confirmed by Government) thereafter your new licence(s) will take effect. If the application for new licences has not been granted by this date then no trading may take place.
What type of licence do I have to apply for?
- You will need a Personal Licence in order to authorise the sale or supply of alcohol to the public. This will be valid for ten years and is transferable to any part of the country.
- You will need a Premises Licence for any place where licensable activities (sale of alcohol, music, dancing, cinema, stage play, sale of hot food and drink after 11p.m. etc) take place.
- For registered clubs a Club Premises Certificate is required.
How much will a licence cost me?
The fee structure for both Personal and Premises Licences has not yet been announced by the Government. These will be announced on the Department of Culture Media and Sport website.
For how long are licences valid?
A Personal Licence (required by those responsible for authorising the sale of alcohol) will be valid for ten years.
A Premises Licence will last indefinitely unless revoked (as long as the business continues in its current form or unless you wish to vary the terms of the licence).
When I apply for my new premises licence what are my options on opening times etc.?
There are two clear options.
- You can apply for a complete transfer of your existing hours and conditions and you will be entitled to a new licence on exactly the same terms. This is known as a conversion and only the police can object to your application.
- You can apply for a variation or number of variations, to take advantage of the new opportunity the law allows. However you will have to submit extra information and others will have the opportunity to make representations if they have concerns about your application.
Will the conversion process affect the way I operate?
The conditions that will be put on your new licence will reproduce the conditions already on your existing licence.
Where the new licence authorises the supply of alcohol, the new licence will refer to the person named in the application as the designated premise supervisor for premises that sell alcohol.
The exemption in the current Licensing Act which allows up to two performers in a bar without the need for a public entertainment licence, has been removed by the new legislation. If you currently provide live music under the exemption and wish to continue to do so after the second appointed day you will need to apply to vary your existing licence.
Is it true that 24-hour drinking will be available everywhere?
No, there will no longer be set licensing hours for the sale of alcohol under the new legislation. Licensees can therefore request longer opening hours, up to 24- hour opening, when they apply for a variation. But if they do, they will be required to submit an operating schedule which will be copied to responsible authorities. This schedule will require detailed information about how the premises will operate such as capacity, opening and closing times. This will enable any responsible authority or interested party to assess whether the steps taken to promote the licensing objectives are satisfactory.
The application may then be the subject of representations from the statutory authorities or from interested parties such as local residents. If that happens, a hearing will be held and the Council’s licensing Committee or one of its Sub Committees will decide whether or not the application will be granted.
Only if there are no representations, will it be the duty of the Authority to grant the licence subject only to those conditions that are consistent with the operating schedule and the mandatory conditions referred to in the Act.
I currently have a late hours certificate, will I still be able to open to the same time?
Under "grandfather rights" you will be able to keep exactly the same existing hours by a straightforward conversion of your existing licence or alternatively you can apply to vary them.
Can I request extended opening hours?
Yes, you can apply for extended opening hours but you will need to demonstrate in your operating plan how you intend to meet the licensing objectives, e.g. how you prevent your neighbours from being inconvenienced by your extended opening hours.
Am I still exempt from needing a licence if I only have solo / duo performers in my pub after November 2005?
No. The "Two in a Bar" rule which gives exemption from the need to have a Public Entertainment licence will cease when the new Act comes into force (November 2005).
Do I have to employ licensed door supervisors?
This will depend on whether you feel they are necessary to help you comply with achieving the licensing objectives (Crime & Disorder, Public Safety). If you do employ door supervisors, they must be licensed by the Security Industry Authority (SIA) who can be contacted by telephoning 08702 430 100.
Existing premises which are required to employ door supervisors will have to continue to meet this requirement.
How much "drinking up" time will apply under the new legislation?
"Drinking up time" will not be specified by the new Act like it is at present. In your operating schedule, you will have to address the issue of how long you wish the public to remain on your premises after the time at which the sale of alcohol ends ("the terminal hour").
If I am licensed until 1:00, can I close earlier if there is no custom?
Yes, the licence holder is entitled to close the premises if there is no trade.
Do I still need a public entertainment licence?
Public entertainment licences continue to be necessary until the Licensing Act 2003 comes into force, likely to be 7th November 2005. However, if you have "regulated entertainment" such as the performance of live music or dancing you will need to include this in your operating schedule when you apply for your licence.
Our village hall has an existing public entertainment licence, but we do not serve alcohol. Will we need a new licence and will we have to pay?
You will still need to obtain a Premises Licence if you intend to hold events which feature music and dancing but village halls are exempt from an application fee. If alcohol is to be served on an occasional basis, you will need a Temporary Event Notice (TEN).
What is a Temporary Event Notice (TEN)?
A Temporary Event Notice (TEN) replaces the old occasional licences for selling alcohol or holding public entertainment. It is designed to cover small scale events attended by less than 500 people and lasting no longer than 96 hours. Any particular premises can hold no more than 12 events in one year.
I operate a mobile burger van, what sort of licence will I need?
You will need a Premises Licence if operated after 11pm.
As a member of the public, can I object to our local pub extending its operating hours?
Yes, but only if your objection is relevant to the promotion of the licensing objectives (crime & disorder, public nuisance, public safety, protection of children from harm).
Where can I find out more about the new legislation?
The Department of Culture, Media and Sport website contains the new Act and its associated guidance. All relevant information relevant to interested parties will be posted on the South Hams District Council website.
Alternatively you can call: 01803 861234
How can I object to an application?
The only persons who can object to a straight forward application to convert any of the existing licences referred to above into a Premises licence, during the transitional period, are the police. The rationale behind this is that all existing licences and certificates have already been approved by either the licensing justice’s or the Magistrates.
Applications for a variation of a premises licence or a club premises will need to be advertised by the applicant.
If there are valid objections by local residents (not frivolous or vexatious) which cannot be resolved by the Council's licensing officers, the application will have to be referred to the Council's Sub-Committee for decision. However, these representations must be considered by the Council to have an impact on the promotion of one or more of the licensing objectives.
These are:
- crime & disorder
- public nuisance
- public safety
- protection of children
You must put your objection formally in writing to:
Mr Graham Munson
Licensing Manager
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE
What happens if somebody objects to my application?
If there are valid objections from a recognised body such as the police, fire authority, environmental health or by local residents which cannot be resolved by the Council's licensing officers, your application will have to be referred to the Council's Sub-Committee for decision.
What happens if my application is refused?
If your application is refused, you have a right to appeal within 21 days to the Magistrates Court.
Where can I get application forms?
We will send you forms when the transition period commences on 7th February 2005. Alternatively when the forms are available, you will be able to download them from our website.
Please Note: This information is accurate at the time of posting but it may be liable to change (Dated 23rd November 2004).
