You are here: Home > News & events > Law Updates > Licensing Act 2003 - Deadline 6th August 2005

Licensing Act 2003 - Deadline 6th August 2005

01 June 2005

Whether you run a pub, off licence, restaurant, club, sports club, hotel or guest house you must take action now to apply to your local authority for a new Premises Licence and Personal Licences for yourself and other licensees. If you do not do so by 6th August your existing licence will come to an end, probably in November, when the second appointed day under the Licensing Act comes into force.
The forms which you may have received from your local authority, are bulky but they are not as daunting as they first appear. It may be helpful to break things down into manageable chunks so that you know what the essentials are.

The essential points, in my view are:

Find the original of your existing licence and any supporting documents such as a supper hour certificate, special hours certificate or children’s certificate.


You need a scale plan of your premises. The preferred scale is a metric scale of 1:100. Your local Council Licensing Team may give approval for an alternative scale but you must approach them and obtain authority in writing. However, your plan must also have other details on it such as all points of access to and from the premises, escape routes, the location(s) where alcohol is consumed, the location(s) of other licensable activities (area used for music and dancing or for a DJ, if you have indoor sporting events such as darts or pool competitions then those areas), the location and height of any stage or raised area, the location of the public conveniences and the location and type of any fire safety equipment and any kitchen on the premises. The lack of an adequate plan is likely to be the major hurdle preventing you from making your application. Call someone now and get it started.


All current licensees should complete the application for a Personal Licence. It is not difficult as it only requires names, addresses and contact details, the disclosure of any criminal convictions and two photographs, one of which must be endorsed as a true likeness.


Application for a Premises Licence. This is in two parts. Part A to convert the terms and conditions on your existing licence to a Premises Licence and Part B to vary those terms by, for example, extending hours, providing live music or seeking to remove conditions of an existing licence. The Premises Licence can be held by an individual or by a company or partnership etc.

Part A – give details of your existing licence including any conditions imposed on the licence and any public entertainments licence. If you are happy with the terms of your existing licence then, that’s it. Sign the form, pay the fee. BUT pubs and restaurants serving hot food and hot drink after 11pm will also need to complete Part B, the variation section, because the provision of late night refreshment is now a licensable activity quite separate from the sale of alcohol. Hotels and guest houses and similar places are exempt.

Part B – variation. Consider whether you want to extend your opening hours or have the ability to allow live music to be played on your premises. Note the “two musicians in the bar” exemption will go so if you want to play any live music then you must apply to vary. Assess what you carry on on your premises already and what you might want to provide in the future. If you have a TV or big screen and show live sporting events but might also screen films or a recording of an earlier sports match then you will need to apply to vary your existing licence to permit the screening of film/cinema. Where you apply to vary you have to consider the impact of the variation on the four licensing objectives – the prevention of crime and disorder, maintenance of public safety, the prevention of public nuisance and the protection of children from harm. If you want the facility to have extended hours say on Bank Holidays you can put into your application what you would want to be your opening hours for those days.


The Designated Premises Supervisor (DPS).

The DPS will need to have a personal licence but the designation DPS will indicate that that person is in charge and responsible for the premises. The holder of the premises licence may also be the DPS but this is not recommended where the owner has a number of premises because if there is a problem on one premises and you lose your status of DPS then that will affect the other premises which will then have to close until a new DPS can be appointed.


If you need help then please contact me but do please have already considered the essential points that I have mentioned because these have to be dealt with before I can complete the forms with you and submit the application to the Council.
Please act now. It may take some time to get the plans drawn and remember late July and early August are holiday times.

 

For more information please contact David Hall, Partner & Partnership Secretary.
 

‹ Back

Quick contact

Furley Page Solicitors in Kent, London, Canterbury, Chatham & Whitstable
Get in touch on 0845 603 10 57