3 types of licence issued under the licensing act 2003 3 types of licence issued under the licensing act 2003

(c) The person is licensed as a class I licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072. For personal license applicants the Licensing Act lays down the law for the sale and purchase of alcohol in a variety of circumstance. Clubs which are not recognised clubs: members and guests. The Act consolidated a diverse system of licences that had been separately issued for late-night refreshment and regulated entertainment. Alternatively you can download the postal form and guidance for minor variations to a premises licence or club certificate. There are. 158.False statements made for the purposes of this Act, Closure of premises in an identified area, 160.Orders to close premises in area experiencing disorder, 161.Closure orders for identified premises, 164.Application to magistrates' court by police, 165.Consideration of closure order by magistrates' court, 166.Appeal from decision of magistrates' court, 167.Review of premises licence following closure order, 168.Provision about decisions under section 167, 169A.Closure notices for persistently selling alcohol to children, 170.Exemption of police from liability for damages, 172.Relaxation of opening hours for special occasions, 172A.Power to make early morning alcohol restriction order, 172B.Procedural requirements for early morning alcohol restriction order, 172C.Making of early morning alcohol restriction order, 172D.Variation and revocation of early morning alcohol restriction order, 172E.Exceptions from effect of early morning alcohol restriction order, Modification of premises licences to authorise off-sales for limited period, 172F.Authorisation of off-sales for limited period, 172H.Interim steps pending off-sales review, 172I.Off-sales review of premises licence following review application, 172J.Interim steps pending section 172I decision coming into effect, 172K.Procedural requirements in relation to off-sales reviews and hearings, 172L.Sections 172F to 172K: supplementary, 173.Activities in certain locations not licensable, 174.Certifying of premises on grounds of national security. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 61. Download the full list of accredited personal licence qualification providers. 18. What types of licence are available? 63.Determining whether a club is established and conducted in good faith, 64.The additional conditions for the supply of alcohol. Rejection of applications relating to club premises certificates. The Schedules you have selected contains over 200 provisions and might take some time to download. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). Anyone who sells alcohol after a closure notice has been issued and is in effect can be arrested or summoned for the criminal offence under S.136 of unlicensed activity. 2.-(1) in this Act unless the context otherwise requires:-"auxiliary business'' means any business not specified in a business licence fee, which may be lawfully carried on under such licence Types of permissions under the Licensing Act 2003 Temporary Event Notices A Temporary Event Notice can be used to authorise small-scale events on a one-off or occasional basis involving. It replaced the old Licensing Act of 1964. 9. Thinking of applying for a Personal Licence? * * * "Reciprocal license." A license issued under section 602(a) through (e). If the police or local government have any questions or concerns about the business, they will expect to be able to reach the designated supervisor. cost of duty plus VAT, guidance on mandatory Anyone who does not hold a personal licence must be authorised to sell alcohol by a personal licence holder. 39.In section 10 (appeal against sentence to Crown Court), at 40.In section 31 (powers of Court of Appeal under Part 41.In section 44 (powers of Court of Appeal under Part 42.In section 50 (meaning of sentence), at the end of 43.The Theatres Act 1968 is amended as follows. What are the 4 main licensing objectives? In sum, it is suggested that the strength of licensing lies in the identification of competent traders and the exclusion of the incompetent and dishonest. (b)in the second part, the matters referred to in section 125(3) of the Act and the matters referred to in (a) except that the photograph of the holder shall be omitted. How do I change my licence or club certificate? (1) An indoor sporting event is a sporting event. to be notified of licensing matters, Rights of entry to investigate licensable activities, Appeals against decisions of licensing authorities, Jurisdiction and procedure in respect of offences, Entitlement to work in the United Kingdom. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Sub-delegation of functions by licensing committee etc. You can view the forms and guidance to apply for a personal licence to sell alcohol. This article will argue that reform under the MLA 2003 has also improved the moneylending licensing regime. The types of licences required are defined as follows: any business or other organisation that sells or supplies alcohol on a permanent basis needs to apply for a premises licence anyone who. 63. You can apply for a minor variation online using the links in the premises licence and club premises certificates sections above. Premises licensed to sell alcohol must have a designated premises supervisor, who holds a personal licence. You can also call for an existing licence to be reviewed by the council if you have concerns relating to the licensing objectives. The Licensing Act 2003 has 4 key objectives. of applications and notices under Part 6, 134.Licensing authoritys duty to update licence document, 135.Licence holders duty to produce licence, 137.Exposing alcohol for unauthorised sale. (2)Notwithstanding the requirement in paragraph (1) and subject to paragraph (3), that requirement shall be satisfied in a case where. * * * Section 1.1. Information on the different types of alcohol licences available and guidance on how to apply for them. The Licensing Act imposes licensing requirements on all retailers, wholesalers, distributors, manufacturers, and importers of cigarettes and tobacco products. forthwith on sending the text of the application by electronic means, the application is given to the recipient in writing. In section 21(1) (licensing of public exhibitions, etc.). The Licensing Act requires the supervisor - and all personal licence holders - to take responsibility for the sale and supply of alcohol. Registered societies, friendly societies etc. (1) Section 6 (prohibition of sale of alcohol to person 9.After section 8 (meaning of public place) insert Interpretation of Celluloid and Cinematograph Film Act 1922 (c. 35). 21.The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 22.In section 14(2)(a) (protection against insecurity of tenure of place 23.In section 18(3)(a) (protection against insecurity of tenure in connection 24.In section 27(1) (renewal of tenancy expiring during period of 25.The Hypnotism Act 1952 is amended as follows. This is issued by the licensing authority and authorises the premises or location where the activity is to take place. 86.The Representation of the People Act 1983 is amended as 87.In section 185 (interpretation of Part relating to legal proceedings), 88.In Schedule 7 (transitional and saving provision), omit paragraph 4. 89.In section 3(7) of the Video Recordings Act 1984 (exempted 90.The Building Act 1984 is amended as follows. of applications and notices under Part 6. Greater London Council (General Powers) Act 1978 (c. xiii). (1) This paragraph applies where, on a review of a PART 4 Questions about leave to enter or remain in the UK. 3 The Licensing System under the Malaysian Moneylenders Act 2003 suspended or revoked. Or you can also apply to replace the designated premises supervisor, if you already have one, with the management committee. in the second part, the matters referred to in section 125(3) of the Act and the matters referred to in (a) except that the photograph of the holder shall be omitted. 14. Act you have selected contains over However in these situations, its only for private clubs where alcohol is only sold to members. guidance on community involvement in licensing, postal forms and other guidance specific to premises licences, accredited personal licence qualification providers, forms and guidance to apply for a personal licence to sell alcohol, Alcohol Wholesaler Registration Scheme (AWRS), guidance and form to apply for the sale of alcohol to be made the responsibility of a management committee instead of a premises supervisor, postal forms and other guidance specific to club premises certificates, postal form and guidance to vary a premises licence, postal form and guidance to vary a club certificate, postal form and guidance for minor variations to a premises licence or club certificate, apply for a temporary event notice online, postal form and guidance for a temporary event notice, information on whether you need approval to put on certain types of regulated entertainment, sale of alcohol below the 40 Wellesley Road may also experience some issues with your browser, such as an alert box that a script is taking a 8A. of applications and notices under Part 4, 92A.Suspension of club premises certificate for failing to pay annual fee. Licensing framework has been an integral part of India's telecommunication law. 2A. Licensing Act 2003 5 The Licensing Act: An overview Context The Licensing Act 2003 (the Act) replaced earlier controls of alcohol and introduced a more permissive, flexible regime. You can apply online if your council accepts electronic applications, please use our licence finder to find the appropriate forms. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Licence Type. The sale by retail of alcohol and the supply of alcohol by or on behalf of a club are both licensable activities. 19. The relationship is similar to the way that a driving licence permits the driving of any car. A designated premises supervisor (DPS) is the person who has day-to-day responsibility for the running of the business. These Regulations apply to applications made under and in relation to Part 6 (personal licences) of the Act. In order to apply, you must be aged 18 years or over, and (in almost all cases) hold a relevant licensing qualification - for example, the BIIAB Level 2 Award for Personal Licence Holders or a similar accredited qualification. The Gaming Act 1968 is amended as follows. Any person or business may make representations on premises licence applications or club premises certificate applications. 29.Application for a provisional statement where premises being built, etc. hbbd```b``]"_Hfs Sporting Events (Control of Alcohol etc.) 2. 2A.An offence under the Public Health (Minimum Price for Alcohol) 3.An offence under the Firearms Act 1968 (c. 27). Application for a provisional statement where premises being built, etc. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Lotteries and Amusements Act 1976 (c. 32). The Sporting Events (Control of Alcohol etc.) of applications and notices under Part 3, Suspension of premises licence for failing to pay annual fee, Licensing authoritys duty to update licence document. The Theatres Act 1968 is amended as follows. 107.In paragraph 40(1) of Schedule 3 to the Norfolk and 108.In Schedule 1 to the Housing Act 1988 (tenancies which Town and Country Planning Act 1990 (c. 8). Existing licence revoked after grant of new licence. Get Licensed is a training marketplace and not a training provider. To be classified as a club for the purpose of this certificate, a group must meet several conditions. 21. Inspection of premises before grant of licence etc. These are: The prevention of crime and disorder Public safety Universities (Wine Licences) Act 1743 (c. 40). Determination of application under section 34 36. Club Premises Certificates CPCs are granted to venues where qualifying criteria are met and sale of alcohol takes place. You can apply to vary a DPS by following the online process in the premises licence section above. You have accepted additional cookies. 115. (1) The provision of relevant entertainment (a) at premises for 12.The provision of any entertainment (a) on premises consisting Entertainment provided by health care providers, local authorities and school proprietors. 4. Find out about the Energy Bills Support Scheme, Businesses buying alcohol from wholesalers. prescribed fee in relation to an application, shall be the fee for such application calculated in accordance with the regulations made by the Secretary of State under Part 6 of the Act. Premises that do not have a NNDR because they under construction are allocated to Band C. An additional fee may be payable in respect of large scale events, where 5,000 or more people are due to attend at a venue that is not purpose-built. (c)a person operating premises under a licence granted by the Board of the Green Cloth. 5. The Whole fH&H4_f`0;lZX DI-@k& q*~0 C 30.Advertisement of application for provisional statement, 31.Determination of application for provisional statement, 32.Restriction on representations following provisional statement, 33.Notification of change of name or address, 35.Determination of application under section 34, 36.Supplementary provision about determinations under section 35, 37.Application to vary licence to specify individual as premises supervisor, 38.Circumstances in which section 37 application given interim effect, 39.Determination of section 37 application, 40.Duty of applicant following determination under section 39, 41.Request to be removed as designated premises supervisor, 41A.Application for minor variation of premises licence, 41B.Determination of application under section 41A, 41C.Supplementary provision about determinations under section 41B, 41D.Variation of premises licence: supply of alcohol from community premises, 42.Application for transfer of premises licence, 43.Circumstances in which transfer application given interim effect, 45.Notification of determination under section 44, 46.Duty to notify designated premises supervisor of transfer, 47.Interim authority notice following death etc. It is now the responsibility of the council. endstream endobj startxref Application to vary premises licence 35. 47.In section 18(1) (interpretation), in the definition of licensing authority, 48.The Gaming Act 1968 is amended as follows. Religious services, places of worship etc. In a sole license, the licensor agrees to use just one licensee, but the licensor reserves the right to continue to use their IP, as well. Are you looking for a job? 4.(1)The following persons are prescribed for the purposes of section 120(2)(b) of the Act. They will need to check the wholesalers Unique Registration Number (URN) against the HMRC online database. The types of businesses and organisations that need alcohol licences might include: The types of licences required are defined as follows: To apply for a licence, you will need to complete an application form and send it to your local council, along with the fee. Omit paragraph 11 (payment of indemnity from central funds). 12D. The Licensing Act 2003. The Home Office does not receive, store or share personal data in relation to applications under the Licensing Act 2003, other than for the purpose of carrying out necessary immigration status checks on behalf of the licensing authority, as set out in relevant licensing forms and in the statutory guidance issued under s182 of the Act. The supply of hot food or hot drink on or (1) The following supplies of hot food or hot drink For the purposes of this Schedule (a) the supply of An offence under any of the following enactments. 1.Where a licensing authority (a) rejects an application for a Decision to grant premises licence or impose conditions etc. The Licensing Act 2003 is at the core of the Personal License qualification. 177.Dancing in certain small premises, 177A.Licence review for live and recorded music, 178.Right of freeholder etc. 98.Meaning of permitted temporary activity, 100A.Standard and late temporary event notices, 101.Minimum of 24 hours between event periods, 104.Objection to notice by a relevant person, 104A.Counter notice following objection to late notice, 105.Counter notice following objection to standard temporary event notice, 106.Modification of standard temporary event notice following objection, 106A.Conditions on standard temporary event notice following objection, 107.Counter notice where permitted limits exceeded. in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website. 93.Licensing authoritys duty to update club premises certificate. 12ZB. A premises licence authorises the use of any premises (which is defined in the Licensing 2003 Act as a vehicle, vessel or moveable structure or any place or a part of any premises) for licensable activities as defined in section 1 of the 2003 Act. You can change your cookie settings at any time. Consistently rated 5-stars on review sites like Rejection of applications relating to premises licences. Alternatively you can download the postal form and guidance to vary a premises licence and the postal form and guidance to vary a club certificate. Early morning alcohol restriction orders (EMRO) enable a licensing authority to prohibit the sale of alcohol for a specified time between the hours of 12am and 6am in the whole or part of its area, if it is satisfied that this would be appropriate for the promotion of the licensing objectives. If you disagree with the councils decision, you have a right of appeal to the magistrates court. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. 96.Inspection of premises before grant of certificate etc. This date is our basedate. If the licensing authority decides that any representations are relevant, then it must hold a hearing to consider them. The personal licence is designed to ensure that anybody running or managing a business that sells or supplies alcohol will do so in a professional fashion. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. of certificate or summary, Period of validity of club premises certificate, Notification of change of name or alteration of rules of club, Change of relevant registered address of club, Application to vary club premises certificate, Determination of application under section 84, Supplementary provision about applications under section 84, Application for minor variation of club premises certificate, Determination of application under section 86A, Supplementary provision about determinations under section 86B, Application for review of club premises certificate, Form etc. For more tips, the latest security news and exciting prize draw campaigns, sign up above to receive emails and stay updated. of premises licence or summary, Grant of premises licence: supply of alcohol from community premises, Death, incapacity, insolvency etc. While they need not be on site at all times, they are expected to be involved enough with the business to be able to act as its representative, and they must be contactable at all times. Each premises licence has an operating plan attached to the licence setting out exactly how alcohol will be sold on the premises and what other activities will be provided. of licence holder. If you need help with understanding types of licensing agreements, you can post your legal . 49. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. 17. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. You can make representations or comments to the council about applications for new licences, variations or reviews. New provisions for businesses buying alcohol from wholesalers come into force. 57.In section 78(1)(supplementary provision relating to changes in local government 58.In section 101 (arrangements for discharge of functions by local 59.In section 145(4) (provision of entertainment), for intoxicating liquor substitute 60.Section 204 (licensed premises) ceases to have effect. (1) In this Schedule, entertainment facilities means facilities 4.The Secretary of State may by order amend this Schedule Film exhibitions for the purposes of advertisement, information, education, etc. T.E.Ns An abbreviation for Temporary Event Notice which allows the sale of alcohol (and other licensable activities) on a temporary basis. The one exception is a community premises that has successfully applied to waive the DPS requirement under section 41D of the act. Copyright Copyright 2022 | All rights reserved | Call Us 0207 078 7259, 5 Things You Need To Know About The Licensing Act 2003, The difference between the Green CSCS card and other CSCS card types: Which one is right for you, GuardPass The Ultimate All-in-one Security App. If you are applying for a personal licence, you must obtain an accredited qualification first. 26. must provide on request the forms listed in the Schedules printed on paper; or. Eligibility and guidance notes Download the. 74.In section 4(1) of the Licensed Premises (Exclusion of Certain 75.In Part 3 of Schedule 6 to the Magistrates' Courts Local Government, Planning and Land Act 1980 (c. 65). and employees. 2. Advertisement of application for provisional statement, Determination of application for provisional statement, Restriction on representations following provisional statement, Notification of change of name or address, Determination of application under section 34, Supplementary provision about determinations under section 35, Application to vary licence to specify individual as premises supervisor, Circumstances in which section 37 application given interim effect, Duty of applicant following determination under section 39, Request to be removed as designated premises supervisor, Application for minor variation of premises licence, Determination of application under section 41A, Supplementary provision about determinations under section 41B, Variation of premises licence: supply of alcohol from community premises, Application for transfer of premises licence, Circumstances in which transfer application given interim effect, Notification of determination under section 44, Duty to notify designated premises supervisor of transfer, Interim authority notice following death etc. of holder, 51.Application for review of premises licence, 52.Determination of application for review, 52A.Review: supply of alcohol from community premises, Summary reviews in serious cases of crime or disorder, 53A.Summary reviews on application of senior police officer, 53C.Review of premises licence following review notice, 53D.Interim steps pending section 53C decision coming into effect, 54.Form etc. 29.The Betting, Gaming and Lotteries Act 1963 is amended as 30.In section 10(1B) (conduct of licensed betting offices) for the 31.In Schedule 4 (rules for licensed betting offices), in paragraph Children and Young Persons Act 1963 (c. 37). 4 | Revised Guidance issued under section 182 of the Licensing Act 2003 Licence conditions - general principles 1.16 Conditions on a premises licence or club premises certificate are important in setting the parameters within which premises can lawfully operate. 10.Where a licensing authority (a) rejects an application for a Decision to grant club premises certificate or impose conditions etc. apply. (1) The supply of hot food or hot drink is Exempt supplies: clubs, hotels etc. Objectives of the Act. (1) Schedule 1 to the Sunday Trading Act 1994 (restrictions Criminal Justice and Public Order Act 1994 (c. 33). The objective of the Licensing Act 2003 (the Act) is to provide a clear, transparent framework for making decisions about applications by individuals or businesses wishing to sell or supply alcohol, or provide certain types of regulated entertainment and late night refreshment. You - or someone representing you- will be invited to the hearing to explain your concerns. In paragraph 18 (fees), for proper officer substitute clerk. Can I do simple additional courses to take my career to the next level. Prevention of Crime and disorder -. 138.Keeping alcohol on premises for unauthorised sale etc. Trustpilot, We never charge any booking or hidden fees, Get FREE access to eLearning course materials instantly They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards. 3. Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32). The administration of the Licensing Act 2003, including receiving and determining all applications under the act, is carried out by licensing authorities based within local councils at district or unitary level. Authorised persons and responsible authorities, Meaning of designated premises supervisor, Determination of application for premises licence, Mandatory conditions where licence authorises supply of alcohol, Power of Secretary of State to impose section 19(4) mandatory conditions, Theft, loss, etc.