93.Licensing authoritys duty to update club premises certificate. At a hearing, the licensing authority may: All decisions of the licensing authority, and any conditions imposed, must beappropriate for the promotion of the licensing objectives. PDF Real Estate Licensing and Registration Act - Licensing Requirements and An offence under section 1 of the Trade Descriptions Act An offence under any of the following provisions of the An offence under section 7(2) of the Gaming Act 1968 An offence under any of the Immigration Acts. (2)The application shall be accompanied by. Microsoft Licensing. 80.In section 1(4) of the Indecent Displays (Control) Act 1981 81.In section 18 of the New Towns Act 1981 (disposal Local Government (Miscellaneous Provisions) Act 1982 (c. 30). 19. What are the three types of licence issued under the Act? 8D. * * * "Standard license." Any license issued under this act that is not a reciprocal license. 57.In section 78(1)(supplementary provision relating to changes in local government 58.In section 101 (arrangements for discharge of functions by local 59.In section 145(4) (provision of entertainment), for intoxicating liquor substitute 60.Section 204 (licensed premises) ceases to have effect. For more information see the EUR-Lex public statement on re-use. 14. PDF Table of Contents A review must also be undertaken if the police have made an application for summary review on the basis that premises are associated with serious crime and/or disorder. of personal licence, 127.Duty to notify change of name or address, Conviction of licence holder for relevant offence, 128.Duty to notify court of personal licence, 129.Forfeiture or suspension of licence on conviction for relevant offence, 130.Powers of appellate court to suspend order under section 129, 131.Courts duty to notify licensing authority of convictions, 132.Licence holders duty to notify licensing authority of convictions etc, 132A.Convictions etc of licence-holder: powers of licensing authority, 133.Form etc. of applications and notices under Part 6. The law and policy governing this area is overseen by the Home Office. For further information, see Schedule 1 to the Licensing Act 2003. of applications and notices under Part 4, Suspension of club premises certificate for failing to pay annual fee, Licensing authoritys duty to update club premises certificate. 19. Prohibition of alcohol sales at service areas, garages etc. Revised guidance issued under section 182 of the Licensing Act 2003 The Home Office does not receive, store or share personal data in relation to applications under the Licensing Act 2003, other than for the purpose of carrying out necessary immigration status checks on behalf of the licensing authority, as set out in relevant licensing forms and in the statutory guidance issued under s182 of the Act. fH&H4_f`0;lZX DI-@k& q*~0 C 138.Keeping alcohol on premises for unauthorised sale etc. taken against a light background so that the applicants features are distinguishable and contrast against the background. Licensable activities If you are planning to sell alcohol, provide regulated entertainment (live or recorded music, films, plays etc) or supply late night refreshments you need to apply for a licence to do that activity under the Licensing Act 2003. They must understand the social issues and potential problems associated with the sale of alcohol, and also have a good understanding of the business itself. Production of licence, rights of entry, etc. PDF Amended Guidance Issued Under Section 182 of The Licensing Act 2003 63. Licensing Act 2003 is up to date with all changes known to be in force on or before 01 May 2023. Section. long time to run. 11. Updated information on accreditation for personal licences. 158.False statements made for the purposes of this Act, Closure of premises in an identified area, 160.Orders to close premises in area experiencing disorder, 161.Closure orders for identified premises, 164.Application to magistrates' court by police, 165.Consideration of closure order by magistrates' court, 166.Appeal from decision of magistrates' court, 167.Review of premises licence following closure order, 168.Provision about decisions under section 167, 169A.Closure notices for persistently selling alcohol to children, 170.Exemption of police from liability for damages, 172.Relaxation of opening hours for special occasions, 172A.Power to make early morning alcohol restriction order, 172B.Procedural requirements for early morning alcohol restriction order, 172C.Making of early morning alcohol restriction order, 172D.Variation and revocation of early morning alcohol restriction order, 172E.Exceptions from effect of early morning alcohol restriction order, Modification of premises licences to authorise off-sales for limited period, 172F.Authorisation of off-sales for limited period, 172H.Interim steps pending off-sales review, 172I.Off-sales review of premises licence following review application, 172J.Interim steps pending section 172I decision coming into effect, 172K.Procedural requirements in relation to off-sales reviews and hearings, 172L.Sections 172F to 172K: supplementary, 173.Activities in certain locations not licensable, 174.Certifying of premises on grounds of national security. Meaning of methylated spirits (transitory provision). An offence under the Public Health (Minimum Price for Alcohol) An offence under the Firearms Act 1968 (c. 27). cheaper elsewhere. 17. 107.In paragraph 40(1) of Schedule 3 to the Norfolk and 108.In Schedule 1 to the Housing Act 1988 (tenancies which Town and Country Planning Act 1990 (c. 8). The Regulations prescribe the application form to be used by the applicant, the information to be supplied and the documents to accompany the application for the grant or renewal of a personal licence (regulations 6 and 7 and Schedules 1 to 3). For general enquires on licensing you should contact your Local Licensing Authority, do not use the email address above. Where a licence application was made prior to the coming . Licence review for live and recorded music, Right of freeholder etc. These are Premises Licences, Club Premises Certificates, Personal Licences and temporary event notices. This is issued by the licensing authority and authorises the premises or location where the activity is to take place. The Housing Act 1985 is amended as follows. This is cheaper and quicker than the full variation application. For general enquires on licensing you should contact your Local Licensing Authority. The types of businesses and organisations that need alcohol licences might include: The types of licences required are defined as follows: To apply for a licence, you will need to complete an application form and send it to your local council, along with the fee. Club Premises Certificates CPCs are granted to venues where qualifying criteria are met and sale of alcohol takes place. The Home Office is not responsible for the way licensing authorities store, process or share data, or for processing subject access requests. 98.Omit section 2(1A) (application to private rooms of offence of 99.The following provisions cease to have effect. Section 182 of the Licensing Act 2003 provides that the Secretary of State must issue and, from time to time, may revise guidance to licensing authorities on the discharge of their functions. Apple Licensing. Application for conversion of existing licence. These Regulations make provision for the detailed requirements to be fulfilled by applicants for personal licences under Part 6 of the Licensing Act 2003 (c. 17) (the Act). Changes we have not yet applied to the text, can be found in the Changes to Legislation area. A designated premises supervisor must have a personal licence and must be nominated by the premises license holder for the role of designated supervisor. This Act may be cited as the Business Licensing Act, 1972 and shall be deemed to have come into operation on the first day of Septe-mber, 1972. These are: The prevention of crime and disorder Public safety 8.(1)An application for the grant of a personal licence made under section 117 of the Act by a holder of a justices' licence during the period commencing on 7th February 2005 and ending on 6th August 2005 shall be in the form and contain the information set out in Schedule 3, insofar as the provisions are relevant to the application, and Schedule 4 and shall comply with the remaining provisions of this regulation. 12A. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. In addition the Regulations prescribe those persons to whom a licence may be granted who do not possess a licensing qualification (regulation 4). "License." The term includes both a standard license and a reciprocal license. Representations and requests for the review of a licence must be made in writing. 100.In section 8 (offences) (a) in paragraph (b), for , 101.In section 9 (interpretation) (a) omit subsection (5), and. Premises that are exempt from non-domestic rating are allocated to Band A. Licensing Act 2003 - Legislation.gov.uk Lotteries and Amusements Act 1976 (c. 32). 47.In section 18(1) (interpretation), in the definition of licensing authority, 48.The Gaming Act 1968 is amended as follows. 65. You can apply online if your council accepts electronic applications, there is a separate online application depending on whether you are in England and Wales, Scotland or Northern Ireland. 26. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Act 1985 is 97.In the following provisions, for intoxicating liquor substitute alcohol. 94.Duty to keep and produce certificateetc. 145.Unaccompanied children prohibited from certain premises, 147.Allowing the sale of alcohol to children, 147A.Persistently selling alcohol to children, 147B.Order suspending a licence in respect of offence under section 147A, 148.Sale of liqueur confectionery to children under 16, 149.Purchase of alcohol by or on behalf of children, 153.Prohibition of unsupervised sales by children, 154.Enforcement role for weights and measures authorities, 155.Confiscation of sealed containers of alcohol, 156.Prohibition on sale of alcohol on moving vehicles, 157.Power to prohibit sale of alcohol on trains. 2. In terms of right to work and entitlement, the revised guidance substantially changed 4.21 onwards 2. 3. Rejection of applications relating to club premises certificates. 25. Keeping alcohol on premises for unauthorised sale etc. The offence at common law of conspiracy to defraud. A Regulatory Impact Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament and copies may be obtained from the Alcohol and Entertainment Licensing Branch of the Department for Culture, Media and Sport, 3rd Floor, 2-4 Cockspur Street, London SW1Y 5DH or viewed on the Departments website, www.culture.gov.uk. 5.The provision of entertainment consisting of the exhibition of a Film exhibitions: museums and art galleries. ThePersonal Licence TrainingCourseteaches individuals about the law and legal responsibility of being a licence holder and is part of the process for obtaining a Personal Alcohol Licence. Application for a provisional statement where premises being built, etc. In section 9 (interpretation) (a) omit subsection (5), and. Alternatively you can download the postal form and guidance for minor variations to a premises licence or club certificate. 2A. To be classified as a club for the purpose of this certificate, a group must meet several conditions. 91.In section 24(4) (provision of exits in buildings) for paragraph 92.In section 74(2) (exemption for certain premises from requirement for Police and Criminal Evidence Act 1984 (c. 60). 5 Things You Need To Know About The Licensing Act 2003 EMROs are designed to address recurring problems such as: You can find the form for a licensing authority to make an EMRO, along with the form to make representations about a proposed EMRO, on the EMRO forms page. The GuardPass App is available for download on the Apple App Store or on the Google Play Store. 1.Licensable activities and qualifying club activities, 2.Authorisation for licensable activities and qualifying club activities, 4.General duties of licensing authorities. To help us improve GOV.UK, wed like to know more about your visit today. Existing club certificate revoked after grant of new certificate. 176.Prohibition of alcohol sales at service areas, garages etc. PDF section 53a-c licensing act 03 guidance - GOV.UK memorandum-revised-guidance-issued-under-s-182-of-licensing-act-2003 Licensable Activities . The form of the personal licence is prescribed in regulation 5. 49. (ii)is capable of being accessed by the recipient; (iii)is legible in all material respects; and. CR9 2BY, To email immigration enforcement: Alcohol@homeoffice.gov.uk. These Regulations may be cited as the Licensing Act 2003 (Personal licences) Regulations 2005 and shall come into force on 7th February 2005. 6A. Alcohol licensing - GOV.UK * * * Section 1.1. (c) The person is licensed as a class I licensee under the consumer financial services act, 1988 PA 161, MCL 487.2051 to 487.2072. Authorised persons and responsible authorities, Meaning of designated premises supervisor, Determination of application for premises licence, Mandatory conditions where licence authorises supply of alcohol, Power of Secretary of State to impose section 19(4) mandatory conditions, Theft, loss, etc. Objectives of the Act. 64.In paragraph 8 (appeals) (a) in sub-paragraphs (2) and (3), 65.Omit paragraph 11 (payment of indemnity from central funds). 124.Convictions coming to light after grant 126.Theft, loss, etc. 5. of certificate or summary, 80.Period of validity of club premises certificate, 81.Surrender of club premises certificate, 82.Notification of change of name or alteration of rules of club, 83.Change of relevant registered address of club, 84.Application to vary club premises certificate, 85.Determination of application under section 84, 86.Supplementary provision about applications under section 84, Variation of certificates: minor variations, 86A.Application for minor variation of club premises certificate, 86B.Determination of application under section 86A, 86C.Supplementary provision about determinations under section 86B, 87.Application for review of club premises certificate, 88.Determination of application for review, 91.Form etc. Licensing Act 2003 Explained - www.kingston.gov.uk 4.An offence under section 1 of the Trade Descriptions Act 5.An offence under any of the following provisions of the 6.An offence under section 7(2) of the Gaming Act 1968 7.An offence under any of the following provisions of the 7A.An offence under any of the Immigration Acts. This is the original version (as it was originally made). However, you can reapply using the full variation process. 19.In section 6(1)(b) of the London County Council (General Powers) National Parks and Access to the Countryside Act 1949 (c. 97). (1) The provision of relevant entertainment (a) at premises for 12.The provision of any entertainment (a) on premises consisting Entertainment provided by health care providers, local authorities and school proprietors. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). Production of certificate, rights of entry, etc. Types of permissions under the Licensing Act 2003 Temporary Event Notices A Temporary Event Notice can be used to authorise small-scale events on a one-off or occasional basis involving. 4 | Revised Guidance issued under section 182 of the Licensing Act 2003 Licence conditions - general principles 1.16 Conditions on a premises licence or club premises certificate are important in setting the parameters within which premises can lawfully operate. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Obtaining alcohol for a person who is drunk, Unaccompanied children prohibited from certain premises, Order suspending a licence in respect of offence under section 147A, Sale of liqueur confectionery to children under 16, Purchase of alcohol by or on behalf of children, Prohibition of unsupervised sales by children, Enforcement role for weights and measures authorities, Confiscation of sealed containers of alcohol, Prohibition on sale of alcohol on moving vehicles, Power to prohibit sale of alcohol on trains, False statements made for the purposes of this Act, Orders to close premises in area experiencing disorder, Application to magistrates' court by police, Consideration of closure order by magistrates' court, Appeal from decision of magistrates' court, Review of premises licence following closure order, Provision about decisions under section 167, Closure notices for persistently selling alcohol to children, Exemption of police from liability for damages, Relaxation of opening hours for special occasions, Power to make early morning alcohol restriction order, Procedural requirements for early morning alcohol restriction order, Making of early morning alcohol restriction order, Variation and revocation of early morning alcohol restriction order, Exceptions from effect of early morning alcohol restriction order, Authorisation of off-sales for limited period, Off-sales review of premises licence following review application, Interim steps pending section 172I decision coming into effect, Procedural requirements in relation to off-sales reviews and hearings, Activities in certain locations not licensable, Certifying of premises on grounds of national security. Any person or business may make representations on premises licence applications or club premises certificate applications. Section 17 (existing letters patent) ceases to have effect. Find exciting opportunities on the GuardPass app. 9.(1)An application shall be given in writing. 8A. of holder, 51.Application for review of premises licence, 52.Determination of application for review, 52A.Review: supply of alcohol from community premises, Summary reviews in serious cases of crime or disorder, 53A.Summary reviews on application of senior police officer, 53C.Review of premises licence following review notice, 53D.Interim steps pending section 53C decision coming into effect, 54.Form etc. The Licensing Act requires the supervisor - and all personal licence holders - to take responsibility for the sale and supply of alcohol. Description. 115. If a business is found to have purchased alcohol from an unapproved wholesaler, they may be liable to a penalty or could even face criminal prosecution and have their alcohol stock seized. It is now the responsibility of the council. Licensing Act 2003: statutory guidance - GOV.UK In the case of such applications reference should also be made to the Licensing Act 2003 (Transitional provisions) Order 2005 S.I. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. In section 5(4)(a) (definition of booking office). What are the three types of licence issued under the Act? In section 21(1) (licensing of public exhibitions, etc.). 61. hTKSq?z:u6*&iDSq0e?-G+6IPV"^9ZHnQ=(z$Dm xXCYz?]99 H J`)A>/g}%KWu&W. In paragraph 18 (fees), for proper officer substitute clerk. 3. 11. 32. The sale by retail of alcohol and the supply of alcohol by or on behalf of a club are both licensable activities. 98.Meaning of permitted temporary activity, 100A.Standard and late temporary event notices, 101.Minimum of 24 hours between event periods, 104.Objection to notice by a relevant person, 104A.Counter notice following objection to late notice, 105.Counter notice following objection to standard temporary event notice, 106.Modification of standard temporary event notice following objection, 106A.Conditions on standard temporary event notice following objection, 107.Counter notice where permitted limits exceeded. of premises licence or summary, 25A.Grant of premises licence: supply of alcohol from community premises, 26.Period of validity of premises licence, 27.Death, incapacity, insolvency etc. 3. to be notified of licensing matters, 179.Rights of entry to investigate licensable activities, 180.Right of entry to investigate offences, 181.Appeals against decisions of licensing authorities, 188.Jurisdiction and procedure in respect of offences, Vessels, vehicles and moveable structures, 189.Vessels, vehicles and moveable structures, 192A.Entitlement to work in the United Kingdom. 1.The Universities (Wine Licences) Act 1743 ceases to have effect. 2.The Disorderly Houses Act 1751 does not apply in relation 3.The Sunday Observance Act 1780 ceases to have effect. Children and Young Persons Act 1933 (c. 12). to be notified of licensing matters, Rights of entry to investigate licensable activities, Appeals against decisions of licensing authorities, Jurisdiction and procedure in respect of offences, Entitlement to work in the United Kingdom. 3.35 It is a criminal offence under section 136 of the 2003 Act to carry on any of the licensable activities listed at paragraph 3.2 above other than in accordance with a licence or other . 3 The Licensing System under the Malaysian Moneylenders Act 2003 suspended or revoked. 10.Sub-delegation of functions by licensing committee etc. Licensing Act 2003 5 The Licensing Act: An overview Context The Licensing Act 2003 (the Act) replaced earlier controls of alcohol and introduced a more permissive, flexible regime. (2)Except in the case of a person prescribed under regulation 4, an application under regulation 6(1) shall be accompanied by the licensing qualification of the applicant. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. You will apply for this license with your municipal government, and in some locations, you . in a case where the relevant licensing authority maintains a website, it may provide electronic copies of the forms listed in the Schedules on such a website. hbbd```b``]"_Hfs 6. However in these situations, its only for private clubs where alcohol is only sold to members. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 18. 4. The licensing register kept by a licensing authority under section 2.An offence under any of the following enactments. Forms can be obtained from your local council. 4.(1)The following persons are prescribed for the purposes of section 120(2)(b) of the Act. Premises licensed to sell alcohol must have a designated premises supervisor, who holds a personal licence. PDF Licensing Act 2003 - Guidance for Applicants and Licence Holders Schedule 3 to the Lotteries and Amusements Act 1976 (provision (1) Paragraph 1 (interpretation) is amended as follows. Your council will be able to provide further details. You can check your rateable value at the Valuation Office Agency website. of applications and notices under Part 6, 134.Licensing authoritys duty to update licence document, 135.Licence holders duty to produce licence, 137.Exposing alcohol for unauthorised sale. 200 provisions and might take some time to download. cost of duty plus VAT. 59.Inspection of premises before grant of licence etc. 18. What are the 3 types of licence issued under the Licensing Act 2003 What types of licence are available? Premises and club licence summary There are three main types of licence under the Licensing Act 2003 - Premises Licences, Club Premises Certificates and Personal Licences. (1) Paragraph 1 (interpretation) is amended as follows. For more information see the EUR-Lex public statement on re-use. In a sole license, the licensor agrees to use just one licensee, but the licensor reserves the right to continue to use their IP, as well. If youre organising a temporary event and want to serve or sell alcohol, provide late night refreshment, or put on regulated entertainment, youll need to complete a temporary event notice (TEN).