WHO DOES IT AFFECT?
THE MAJOR CHANGES
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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
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LICENSING OBJECTIVES
LICENSABLE ACTIVITIES
PREMISES LICENCES
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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.
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PERSONAL LICENCES
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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:
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Over 18 |
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“Qualified” (Hold a qualification such as
the BII Certificate) |
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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.
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APPLYING FOR A NEW LICENCE?
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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.
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WHAT YOU SHOULD DO NOW
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