Premises Licence
or
Premise Certificate

A premises licence is required by premises wishing to carry out a licensable activity.

A premises certificate is required by a registered club to authorise it to carry out a licensable activity.

These permissions will detail how the premises will operate. Conditions can only be placed upon the licence where a Responsible Authority has directed that it is desirable to do so. The purpose of these conditions is to regulate the use of the premises for licensable activities in line with the licensing objectives.

A premises licence has effect until the licence is revoked or surrendered, but otherwise is not limited unless the applicant requests a licence for a limited period.

Licensable Activities

• The sale by retail of alcohol
• The supply of alcohol by clubs
• The provision of regulated entertainment
• The provision of late night refreshment i.e. warm food between the hours of 11pm and 5am.

Regulated Entertainment

Apart from some general exemptions

1. a performance of a play
2. an exhibition of a film
3. an indoor sporting event
4. boxing or wrestling entertainment
5. a performance of live music
6. any playing of recorded music
7. a performance of dance

Licensing Objectives

• Prevention of crime and disorder
• Public safety
• Prevention of public nuisance
• Protection of children from harm

Designated Premises Supervisor

The Designated Premise Supervisor (DPS)  is normally a person who has day-to-day control of the running of premises where alcohol is sold, and must be a Personal Licence Holder. The law only permits one DPS per premise as they don’t actually sell alcohol but supply it on demand.

Operating Schedule

The operating schedule is a mandatory requirement of a premises licence application if the premises is applying for a variation. It must be submitted with the application and includes details such as descriptive information about the premises, a statement of the proposed relevant licensable activities, details of any risks associated with the location, size, opening hours, control on capacity, soundproofing, door supervisors etc. The Secretary of State may prescribe, by statutory instrument, other matters that must be included in an operating schedule.

Registered Club

A registered club is an organisation of people who have joined together for a particular social or political purpose. It is the people within the organisation that usually own the property in which they meet and any fixtures and fittings

Licensing Policy

Every Licensing Authority has developed its own policy following national guidelines. This policy has been arrived at by consulting locally with a number of people and interested parties to take into account local conditions. This policy is readily available for everyone to inspect. This and the national guidance are the guidelines the Licensing Authority will refer to when deciding upon when considering applications.

It has to be regularly reviewed and every three years undergo a further period of consultation.

Responsibility Authority

The following list of authorities is what the Act describes as Responsible Authorities. These are the bodies all applicants for a licence / certificate are obliged to inform, and who can pass comment upon the application, or call for a review of the licence:

• Enforcing Authority for Health and Safety; either the Local Authority or Health and Safety Executive.
• Environmental Health Departments
• Planning
• Devon Fire and Rescue
• Devon and Cornwall Police
• Social Services
• Maritime and Coastguard Agency

Interested Party

These are defined as:

• Living in the vicinity of the premises,
• A body representing persons living in that vicinity
• A person involved in a business in the vicinity
• A body representing persons involved in such business.

Personal Licence Holder

Means a Licence which:

1. is granted by a licensing authority to an individual (over 18), and
2. authorises that individual to supply alcohol, or authorises the supply of alcohol, in accordance with a premises licence.

A Personal Licence is issued by the authority where the applicant is normally resident and lasts for ten years.

During the first six months from the appointed date, the Local Authority will, in most cases, grant a personal licence on production of proof of holding a licence from a magistrate’s court. After this date proof of passing a recognised qualification, and a standard Criminal Registration Bureau (C.R.B) check will be required.

First Appointed Date

This is 7th February 2005. This is the date on which applications for the new licences can begin to be made.

Personal Licence holders and Club Premises holders will have six months from this date in which to apply to transfer their "old" licence. After this period these applications will be deemed to be new applications.

Second Appointed Date

This is the date when the old Licensing regime and the new licences begin. This date has yet to be set by the Government.

Temporary Events

Replace occasional permissions / Licences and occasional Public Entertainment Licenses. Served on Police and Licensing Authority enabling the temporary sale of alcohol or the provision of Regulated Entertainment or late night refreshments at premises not already authorised by a premises licence or club premises certificate.

These are by their title events of a temporary nature where licensable activities are to take place and less than 500 people will attend. The Act specifies the maximum period of time for a temporary event to be 96 hrs, but the Act doesn’t require this to be continuous, providing that in the application it can be shown that it is a continuing event. Thus for example, a trade event where alcohol is to be sold and no more than 500 people a day are expected to attend could spread over five or six days of 15 hours a week.

10 working days notice to the Licensing Authority and the Police have to be given. The Police may object on Crime and Disorder grounds only, and the Authority on the number of occasions only. No conditions may be attached to a Temporary Event Notice.

But - a Non-Personal Licence holder can have no more than 12 such events per calendar year, and a Personal Licence holder is restricted to 50 occasions.

But - a premises is restricted to twelve events or 15 days per calendar year.

But - a Temporary Event Notice is not required for a garden fete or like event where a licensable activity takes place (except the sale of alcohol which does require permission) or for Morris Dancing or dancing or a like kind.