A full copy of the Licensing Act 2003 can be found on Her
Majesty's Staonery Office (HMSO) website at http://www.legislation.hmso.gov.uk/acts/acts2003/20030017.htm.
You can also go to the Department of Culture, Media and Sport's
(DCMS) website at http://www.dcms.gov.uk, where there
is a specific section on alcohol and entertainment. The DCMS took
responsibility for alcohol and entertainment licensing policy from
the Home Office in 2000.
The Council has also written a Statement
of Licensing Policy setting how how it intends to discharge
its responsibilities under the new legislation. The Policy has
been widely consulted on and was formally approved by Full
Council on 6 January 2005.
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There is a distinction between major and minor variations. A
major variation would include a change to the hours of operation,
an increase in the capacity of the premises, a change to the way
the premises are to operate, varying an existing condition etc. A
minor variation would include applications to change the name or
address of someone named in the licence or an application to vary
the licence to specify a new individual as the Designated Premises
Supervisor.
However, if you require to substantially change the structural
integrity or layout of the building or area e.g. a large extension
to the premises, a new application will be required.
All premises that sell alcohol must specify an individual in
their application as the Designated Premises Supervisor. There is
nothing to prevent an individual who holds a premises licence from
also being specified as the Designated Premises Supervisor.
Every time a variation application is made there is likely to be
a fee involved. You will also need to follow the procedural
requirements.The Licensing Act 2003 does not specify a set time
when you must apply for a variation. You will be able to apply for
these at any time but there will be a fee charged for each
application.
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Copies of the application and all relevant documents must also
be sent to the Police, Fire Brigade etc. If a relevant
representation is made, there must be a hearing for the Council to
consider that representation. The Council may refuse the
application if it considers that this is necessary to promote the
licensing objectives. There is a right of appeal to the
Magistrates' Court. If there are no relevant representations
(i.e. objections) from either a responsible authority or interested
party, the application must be granted and there is no requirement
for a hearing.
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There is an initial application fee depending on the type of
application and rateable value of the premises. There is also
an annual maintenance fee. Full details can be found in the
fees and charges page Licensing
Act 2003 - Fees and Charges.
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A personal licence is only required where alcohol is to be sold.
A personal licence will only authorise its holder to sell alcohol
where there is a premises licence (not a club premises
certificate). A personal licence is valid for 10 years.
If the Authority fails to determine a valid application for
a personal licence within three months of receipt the application
will automatically be considered as granted.
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An application for a premises licence may be made either by the
person who holds the existing licence or another person or body, as
long as the original licensee provides his consent. This consent
must be given in a specified form.
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If the current licence holder surrenders the licence, then any
person or body may apply to have the licence transferred into thier
name.
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No, this is not true.
Licensees can request longer opening hours, up to 24-hour
opening. If they do so, they will be required to supply an
operating schedule which will be copied to
responsible authorities. This schedule will require detailed
information about how the premises will operate such as capacity,
opening and closing times, which will enable any responsible
authority or interested party to assess whether the steps to be
taken to promote the licensing objectives are satisfactory. The
application may then be the subject of representations, from the
statutory authorities or from interested parties such as local
residents. If that happens, a hearing will be held and the
Council's Licensing Committee or one of its Sub-Committees will
decide whether or not the application should be granted.
Only if there are no representations, will it be the duty of the
Authority to grant the licence subject only to those conditions
that are consistent with the operating schedule and the mandatory
conditions referred to in the Act.
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Applications for a new premises licence or club premises
certificate, or variation will need to be advertised by the
applicant. If an interested party or responsible authority makes
representations within the set period, and they are not in the
opinion of the Council frivolous or vexatious, then there must be a
hearing. However, these representations must be considered by the
Council to have an impact on the promotion of one or more of the
licensing objectives.
The Act defines an interested party as persons:
- living in the vicinity of the premises;
- a body representing persons living in that vicinity;
- a person involved in a business in the vicinity; or
- a body representing persons involved in such
businesses.
Responsible authorities are defined as the police, fire
authority, the authority responsible for environmental health and
pollution or where applicable the Health and Safety Executive,
planning, the body responsible for the protection of children
from harm, Trading Standards and the Maritime and Coastguard Agency
(where applicable).
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