You are here: Home > News & events > Law Updates > Update on the New Licensing Laws : Licensing act 2003

Update on the New Licensing Laws : Licensing act 2003

10 November 2005

Last orders were called on 6 August 05 giving pubs, clubs, restaurants, hotels and hot food take-away shops three and a half months drinking up time to apply for Premises and Personal Licences before the closing time deadline of 24 November 2005.

What is this all about?

The Licensing Act 2003 will be coming into force on the 24th November. Existing licences will terminate on that date. Licences converted before 6 August 2005 and new Premises Licences applied for since then, will come into force on 24th November.

What if I have not applied?

Those who have not obtained converted licences or applied for new Premises Licences are now too late to have them in force by the 24th November as at least 28 days public notice has to be given of the application. You will commit a criminal offence if you sell or supply alcohol or provide live or recorded music, discos or karaoke or other regulated entertainment or sell hot food and drink after 11 p.m. because your current licence will end on 24th November.

What can I do?

You should apply for a Premises Licence NOW. You will need the necessary form and a plan of your premises with fire safety equipment marked on it. You will also need to apply for a Personal Licence. Even if you are an existing licensee you will need to obtain a Criminal Records Bureau (CRB) check and attend and pass an examination for Personal Licence holders. This is usually a day course at a local college and then the exam consists of multiple choice questions. Do it now.

How can I keep trading?

As the premises themselves have to be Licensed under the new regime, not just a person, you cannot call in another Licensee to manage the premises for you on a day-to-day basis until you get your new licence. A temporary measure to cover you where you may have functions already booked is to give a Temporary Event Notice (TEN). If you do not yet have a Personal Licence you can only give notice for five events per year. As the year runs from 1st January you can have five events from 24th November to the end of this year. You could call in a person holding a Personal licence to cover additional events as a Personal Licence holder can give notice for 50 temporary events per year. However the premises themselves can only be covered for 12 events per year covering a maximum of 15 days until the end of the year but you could have a further 12 events and 15 days for next year. Each event covered by a TEN can last up to 96 hours (four days). A maximum of 499 people are permitted to be at any temporary event under this procedure.

How do I give a Temporary Event Notice?

The prescribed forms were published on 10th November. At least 10 working days before the day on which the event begins, notice must be given to the local authority and to the police for the district in which the premises are situated. The fee is £21 per event but application can be made for more than one event at a time. If the police consider that the objective of preventing crime and disorder will be undermined, they have 48 hours from receiving the notice to give the applicant notice of objection. A hearing will then be held to determine the application unless this can be resolved.

 

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