The Licensing
Act 2003 affects all community halls that cater for
activities such as the sale of alcohol and the provision of
entertainment, music and dancing.
Community halls that wish to hold these activities will
need to apply to Bath & North East Somerset Council for a
licence under the Licensing Act 2003.
Community hall committees need to look at the events and
facilities that they offer so they can decide what type of licence
to apply for.
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Community Halls that are planning to hold more than 12
events a year will need to submit a premises licence application to
Bath & North East Somerset Council together with an operating schedule.
The application will have to be advertised and responsible
authorities and interested parties will be able to make
representations against the application. If there are no
representations the licence will be granted otherwise the
application will go to a hearing before the Licensing Committee. If
alcohol is to be sold then a Designated Premises Supervisor, who
must also be a Personal Licence holder, must be named.
If the sale of alcohol is included as a licensable activity then
a Designated Premises Supervisor must be named on the Premises
Licence application. The Designated Premises Supervisor will be
responsible for the day to day running of the licensable activities
of the community hall. There can only be one named Designated
Premises Supervisor per Premises licence and he/she must be a
Personal Licence holder.
To apply for a Personal Licence the applicant must have no
relevant offences, which can be shown by a Criminal Records
Disclosure and have achieved a recognised licensing
qualification.
Community halls are exempt from fees if no sale of alcohol is
carried on at the premises. If alcohol is sold as a
licensable activity then the normal fee structure will apply.
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An operating schedule is a document that includes a statement of
the following matters:
- The relevant licensable activities
- The times during which it is proposed that the relevant
licensable activities are to take place
- Any other times during which it is proposed that the premises
are to be open to the public
- Where the applicant wishes the licence to have effect for a
limited period, that period
- Where the relevant licensable activities include the supply of
alcohol then Designated Premises Supervisor must be named
- Where the relevant licensable activities include the supply of
alcohol, whether the supplies are proposed to be for consumption on
the premises or off the premises, or both
- The steps which it is proposed to take to promote the licensing
objectives which are
- The prevention of crime and disorder
- Public safety
- The protection of children from harm
- The prevention of public nuisance
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There may be an exemption from the payment of fees in relation
to the provision of regulated entertainment at community halls,
parish halls or other premises of a similar nature. If, however,
the licence also authorises the use of the premises for the sale or
supply of alcohol or the provision of late night refreshment, a fee
will be required for those activities.
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If regulated entertainment is provided for the public in a
community hall, scout/guide hall or similar, or if a charge is made
to a private audience with a view to profit, including for a
charity, then the provision of regulated entertainment at such
premises would require a Premises Licence or Temporary Event
Notice.
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If a community hall is only expecting to hold up to 12 of events
in a year they may consider applying for a Temporary Events Notice
for each specific event. This is not an application for a licence
but a notification by the event organiser advising Bath and North
East Somerset Council that an event is going to be held. TENs can
be used to authorise ad hoc events held in premises involving no
more than 499 people at any one time. The premises user must, no
later than 10 working days before the day on which the event is to
start, give copies of the notice to Bath and North East Somerset
Council and to the relevant chief officer of police. Anyone aged 18
or over who is not a Personal Licence holder can apply for a
maximum of five TENs per year. Personal Licence holders can apply
for up to 50 TENs per year. There must be a minimum of 24
hours between events in respect of the same premises and each event
covered by a TEN can last up to 96 hours. No more than twelve TENs
can be given in respect of any particular premises in any year,
subject to a maximum aggregate duration of 15 days in any year at
any individual premises. Provided that the criteria set out
above are met, only the police may intervene to prevent an event or
agree a modification of the arrangements for such an event covered
by a TEN notice. Police may only object to a TEN on crime
prevention grounds. If the police make an objection then Bath and
North East Somerset Council will issue a counter notice to the
premises user at least 24hrs before the commencement of the
event.
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