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WHO DOES IT AFFECT?

If you are the holder of a Justices Licence or Club Registration Certificate you cannot afford to ignore the impact of the new law on you and your business.

Anyone concerned with the following businesses must take notice:-

Pubs and Nightclubs
Social, Sports and Members clubs
Off Licences
Restaurants
Community Halls and Schools
Any other business selling hot food and/or hot drinks between the hours of 11pm and 5am (for example burger/hot dog vans, takeaways, garages)

THE MAJOR CHANGES

With effect from November 24th 2005, the licences listed below will be of no effect and deemed invalid.

Public Entertainment Licences, On-Licences, Off Licences, Restaurant and Residential Licences, Children's Certificates and Extended Hours Certificates, Supper-hours Certificates and Special Hours Certificates, and Club Registration Certificates.

The licensing process will no longer be governed by the Magistrates’ Courts but by the relevant local authority. There is no legal requirement to be represented by licensing solicitors. We are a firm of legal consultants to business and have a right of audience before the local authority so we can represent you.

There will be two types of Licence required for most businesses – Premises Licence and Personal Licence. Licensees will have more flexibility to choose their opening hours.

For temporary events lasting for a maximum period of 96 hours and for a maximum of 499 people you can obtain a Temporary Event Notice.

For non proprietory clubs ( member clubs) you will require a Club Premises Certificate

LICENSING OBJECTIVES

To grant a Licence under the new regime the local authority must take into account the “Licensing Objectives”. These are:

The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm
The local authority must produce a statement of licensing policy every 3 years.

LICENSABLE ACTIVITIES

You will need a Premises Licence if you are carrying out a “Licensable Activity” in the course of your business. These activities are:

Retail sale of alcohol
The supply of alcohol by or on behalf of a club
The provision of “regulated entertainment”. This could be for example performance of a play, exhibition of a film, an indoor sporting event, any playing of recorded music, a performance of dance or live music
Supply of hot food or drink after 11pm – late night refreshment.
   

PREMISES LICENCES

Under the new law, a Premises Licence is needed where any licensable activity is taking place and it will be granted by the local council. Premises Licences, once granted, are valid for the life of the business but they can be varied to change, for example, the permitted activities of the holder or the trading hours.

One Premises Licence will cover the situation where you may have had several Licences and Certificates beforehand. You will have to give specific information about the licensable activity you carry on and apply with a plan of the premises, a copy of the existing Licence and the consent of the Designated Premises Supervisor who must hold a Personal Licence. The Designated Premises Supervisor must be readily available to the police or local authority.

PERSONAL LICENCES

Personal Licences will be required for the supervision of sale of alcohol (but not hot food) in any Premises. Any Designated Premises Supervisor must be a Personal Licence Holder. You must be:

Over 18
“Qualified” (Hold a qualification such as the BII Certificate)
You cannot have been convicted of a “relevant offence” – for example, a recent drink driving offence.

The application is made to the Local Authority in whose area you normally reside.

Under the new law, if you are the holder of a Personal Licence, you will not need to seek a transfer of the Licence every time you move between licensed premises.

APPLYING FOR A NEW LICENCE?

The transitional period enabling conversion of all the existing licences through into the new system ended on 6 August 2005. You now need to apply for a new personal and premises licence even if you hold a valid justices licence. We can assist you in these matters.

You will need to submit with your application your “operating schedule” which must describe your planned opening hours, your proposed licensable activities and how you intend to meet the licensing objectives.

Unless you are a qualifying club you will also need to apply for your Personal Licence.For this you will need to obtain a licensee qualification. This involves going on a half day course.

The Licensing Act 2003 is in practice unlikely to mean 24-hour licensing nationwide, but you can seize the opportunity to change the hours of operation, the layout and design of premises or the class of persons permitted on site (particularly children)and/or licence the entertainment on your premises,.

On 24th November 2005, all Justices Licences will become void. It is therefore essential you act swiftly to convert in order that you are not selling alcohol or holding regulated activities (eg music and dancing) or hot food without a proper Licence.

WHAT YOU SHOULD DO NOW

We can help you with licence applications for :-

Grant of New Restaurant, Pub and Club Licences
Transfer of existing Licences
Representation to Local Authority and Licensing Officers regarding appropriate terms and conditions
New Liquor, Betting and Gaming Licences
Public Entertainment Licences
Dealing with objections to renewal of Licences

Your application for a new licence pursuant to the Licensing Act 2003 must be received by the correct Council and processed by 24th November 2005 or else YOU WILL LOSE YOUR BUSINESS. It will take councils at least 2 months to process these so you need to apply NOW.

Do you need help applying for a new personal and/or premises licence? Then to discuss your licence requirements please contact us by email mike@businesslegal.biz or phone: 08454565273

Email : mike@businesslegal.biz
      Tel from within UK: 08454565273
Tel from outside UK +44(0)1925757887
BusinessLegal Limited
Holgrave House, 9 Holgrave Close, High Legh,
Knutsford Cheshire WA16 6TX
Registered in England and Wales No. 2970617