Contact:
  • Licensing Services
  • Address:

    9-10 Bath Street, Bath BA1 1SN

  • E-mail:
    licensing@bathnes.gov.uk
  • Telephone:
    01225 477531
  • Fax:
    01225 477596
  • Minicom:
     
  • Page Updated:
    15/01/2008
  • Author:
    Lorna McCardle
A to Z Index

Licensing Act 2003

Contents 

 

Types of Licence

The Licensing Act 2003 provides for two basic types of licence:

  1. Premises Licence (or Club Premises Certificate) - authorises the use of premises to carry out licensable activities.
  2. Personal Licence - licence to sell alcohol or authorise the sale of alcohol.

The Council has two months to determine applications for premises licences and three months for personal licences, from the date a valid application is received.

The details of the Licensing Act 2003 can be found on Her Majesty's Stationery Office website at www.hmso.gov.uk and also on the website for the Department of Culture, Media and Sport at www.culture.gov.uk.

Statement of Licensing Policy

It is a requirement of the Licensing Act 2003 for every Licensing Authority to produce a Statement of Licensing Policy which explains how the Licensing Authority will exercise its licensing functions under the new Act.  Central to the Licensing Policy Statement is the promotion of the four key licensing objectives:

  1. the prevention of crime and disorder,
  2. public safety,
  3. prevention of public nuisance, and
  4. the protection of children from harm.

The Statement of Licensing Policy will remain in place for a three-year period, but may be reviewed and modified during this period.

The current Policy is available both as a webpage (HTML format) and a printable version (pdf format): 

Licensable Activities

A licence, certificate or Temporary Event Notice (TEN) authorises the use of premises for the following licensable activities:

  • Sale by retail of alcohol (includes wholesale)
  • Supply of alcohol by or on behalf of a club otherwise than by way of a sale
  • Provision of regulated entertainment
  • Supply of hot food or hot drinks between 23:00 and 05:00 to members of the public, on or off the premises

Regulated Entertainment is defined as:

  • Performance of a play (including rehearsal)
  • Exhibition of a film
  • Indoor sporting events
  • Boxing and wrestling
  • Live music
  • Recorded music
  • Dancing
  • Entertainment of a like kind

The following activites may be licensed depending on the circumstances and each will be determined on its merits:

  • Open air film shows
  • Pool or darts tournaments
  • Swimming galas
  • Fairgrounds
  • Circuses
  • Buskers in the street
  • Music events in buildings, marquees or open spaces

Some types of entertainment are exempt from licensing. These include:

  • As part of a religious service or at premises used for religious worship
  • Live broadcast television
  • Films for the purposes of advertisements, information, education, instruction or as part of an exhibit in a museum or art gallery
  • Garden Fêtes
  • Moving vehicle on public highway
  • Incidental music (live or recorded)
  • Morris dancing and its ancillary unamplified music

The supply of hot food or non-alcoholic hot drink after 23:00 or before 05:00 on any day is a licensable activity. This will include:

  • Takeaways and cafés
  • Mobile hot food vans
  • Any other venue providing hot food or hot drink

There are exemptions, which include hot food or hot drinks supplied:

  • in hotels
  • direct from vending machines
  • free of any direct or indirect charge
  • by a registered charity
  • to an employee by their employer
  • to a member of a recognised club