Licensing Act 2003

Last updated

Licensing Act 2003 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Parliament of the United Kingdom
Long title An Act to make provision about the regulation of the sale and supply of alcohol, the provision of entertainment and the provision of late night refreshment, about offences relating to alcohol and for connected purposes.
Citation 2003 c. 17
Territorial extent  England and Wales, except that section 155(1) also extends to Northern Ireland and an amendment or repeal contained in Schedule 6 or 7 has the same extent as the enactment to which it relates. [2]
Dates
Royal assent 10 July 2003
Commencement See section 201(2) and the orders made thereunder.
Other legislation
Repeals/revokes
Relates to
  • Licensing (Scotland) Act 2005
  • The Licensing (Northern Ireland) Order 1996
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Licensing Act 2003 (c. 17) is an act passed by the Parliament of the United Kingdom. The act establishes a single integrated scheme for licensing premises in England and Wales used to sell or supply of alcohol, provide regulated entertainment, or provide late night refreshment. It allows some or all of these licensable activities to be contained in a single licence—the premises licence—that replaced other schemes. Responsibility for issuing licences is given to local authorities, specifically London boroughs, metropolitan boroughs, unitary authorities, and district councils, who took over this power from the justices of the peace under a system of licensing committees. It came into effect midnight, 24 November 2005.

Contents

Key measures

Key measures contained in the act include:

Flexible opening hours
Flexible opening hours for licensed premises, with the potential for up to 24 hour opening, seven days a week, are available. As well as the flexibility, the granting of these new type of licences is to be subject to consideration of the impact on local residents, businesses, and the expert opinion of a range of authorities in relation to the licensing objectives. This flexibility is intended to minimise public disorder resulting from a set closing time whereby numerous intoxicated individuals may leave licensed premises simultaneously at 23:00. It is also an effort to decrease the culture of "binge-drinking".
Single premises licences
The single integrated premises licence, bringing together the six existing licensing regimes (for alcohol, public entertainment, cinemas, theatres, late night refreshment houses, and night cafés) to cut down on bureaucracy and simplify such provisions.
Personal licences
A new system of personal licences relating to the supply of alcohol that enables licence holders to move more freely between premises where a premises licence is in force than is currently the case.

Licensing committee

Each local authority must set up a licensing committee with between ten and fifteen members; it is assumed that most member level decisions will be made by a sub-committee of three. The committee can and is expected to have a scheme of delegation for different types of decision; this means that many applications will be decided by officers. The full committee is expected to receive monitoring reports.

The committee is not regarded as quasi-judicial (Hope and Glory Public House Ltd, R v City of Westminster Magistrates Court & Ors [2011] EWCA Civ 31), and should make its decisions in accordance with the principles of natural justice and with regard to the Human Rights Act 1998 (Articles 1, 6 and 8 of the European Convention on Human Rights are likely to be engaged). It has been suggested that councillors should not be involved in any way in decisions on premises in their ward, and the Standards Board for England has advised that only councillors who are members of the committee should have any role in considering applications.

The Licensing Act sets out four licensing objectives of no preferential order which must be taken into account and adhered to:

In Scotland there is a fifth licensing objective: protecting and improving public health.

Licensable activities

The act defines "licensable activities" as:

In turn, "regulated entertainment" is defined as:

in the presence of an audience (which may be just one person). There are exceptions (e.g., Morris dancing and similar) and refinements (e.g., karaoke is considered to be music).

"Late night refreshment" is defined as the supply of hot food or drink (i.e., food or drink that is either served at, or has been heated on the premises to, a point above ambient temperature) to the public for consumption, both on or off the premises, between 23:00 and 05:00.

Premises licences

A premises licence is required for any premises offering licensable activities. Once a licence is granted, it is valid until it is either surrendered or lapses in accordance with the act, in contrast to previous schemes, where the licence generally had to be renewed annually. The application for a premises licence requires the completion of an operating schedule, and the offering of conditions to be included on the premises licence and a plan of the premises.

A premises licence that includes the sale of alcohol must name an individual who holds a personal licence granted under the act. This person is known as the designated premises supervisor (DPS) and must sign a consent form agreeing to being named as the DPS. Applicants must serve a copy of the application on Responsible Authorities, which include: the licensing authority (the council), the police, the fire authority, the body of responsible for health and safety enforcement, the body responsible for dealing with pollution (Environmental Health), a body responsible for advising on Child Protection issues, the planning authority, and the weights and measures/trading standards authority. Responsible Authorities can make representations to the licensing authority about an application. The application must also be advertised by way of a blue notice displayed on or near to the premises for 28 days and in a local newspaper on one working day within ten working days of making the application. In addition to the Responsible Authorities, the act allows for any "other person" to make representations. If representation is made, the licensing authority must hold a hearing in most cases.

After the hearing, the authority can make one of five decisions:

Any person or responsible authority can apply to the licensing authority for a review of an existing premises licence, with the aim of amending its conditions or revoking it entirely.

Cumulative Impact Policy

Although not specifically referred to in the original act, guidance is provided for the establishment of Cumulative Impact Zones (CIZ), [3] which allows Licensing Authorities to designate an area as such when there is evidence that the accumulation of licensed premises within it may cause one or more of the licensing objectives to be undermined if further licences are granted.

A research study in the London Borough of Southwark found no evidence that CIZ establishment reduced the number of successful applications nor impacted on the relative proportion of licence applications receiving objections. [4]

Cumulative Impact Assessments were formally included in the Licensing Act 2003 (as Section 5A) by the Policing and Crime Act 2017.

Personal licences

A personal licence allows a person to sell or authorise the sale of alcohol under the authority of a premises license. Anyone can apply for a personal licence to the licensing authority for the area in which they live. They must show a licensing qualification and a criminal record clean of relevant offences. The local authority can only refuse such an application on police advice. The licence lasts indefinitely after changes to legislation were made, where it had to be renewed every 10 years.

Anyone who already had a licence under the previous licensing schemes in their name – typically a pub landlord – were grandfathered without applying for a qualification.

If an applicant does not live within a local authority's area, they can apply to any authority of their choice.

Temporary event notices

Any person over 18 can serve the local authority and local police with a temporary event notice (TEN) for an event which would normally need a premises licence, but which would be for a maximum period of 168 hours, and for a maximum number of 499 people. Examples of events that could be covered by a TEN include a pub wants to stay open all weekend for a special occasion, but does not want to apply for, or cannot get, a licence allowing this all the time; or a beer tent in a summer fair. TENs also cover licensing over alcohol to clubs, entertainment or late night refreshment (serving hot food between 23:00 and 05:00). A notice currently costs £21.00.

TENs must be submitted at least ten working days before an event is due to start. Notice is given to the council responsible for the area in which the event is to be held. A copy of this notice must be sent to the police that cover that area and the Environmental Health department. The police and Environmental Health have three working days to make an objection. Anyone who does not have a personal licence can give only five notices a year, while a personal licence holder can give 50. A TEN can only be given in respect of the same premises fifteen times in a calendar year. On 25 April 2012 a late TEN was introduced, which can be submitted between five and nine working days before the event and should only be used when unforeseen circumstances lead to short notice.

There is no need for permission for a temporary event; the prospective premises user only has to formally notify the council and police that the event will take place. So long as the criteria noted above are met (as well as any others that may apply, for example, if alcohol is being sold, that provisions are in place to stop persons under the age of 18 from buying it) and the police have no objections, the event can proceed. The council cannot impose any further conditions, limitations or restrictions, but if the authority is convinced that any of the above limits will be exceeded, or they uphold a police objection (which can only be made on the grounds of crime prevention), they will issue a counter-notice which effectively cancels the TEN.

Children and the act

The act made a few important changes to the current law regarding children and alcohol, although they were not publicised at the time. For instance, a rule allowing children under eighteen years of age to sell alcohol in supermarkets is extended to all licensees, as long as "the sale or supply has been specifically approved by that or another responsible person", thus making it legal for people under 18 to work in a bar. However, children working behind bars are monitored by other legislative acts such as the Children and Young Persons Act 1933.

Someone under the age of eighteen attempting to purchase alcohol for the first time in English law is considered a criminal offence, and is punishable by a fine of up to £1,000 (or level 3 on the standard scale).

Reaction

The act has caused some controversy. Some British drinkers and many tourists are frustrated with the traditional closing time of 23:00, as opposed to the more liberal drinking regulations elsewhere in Europe and further afield, and believe extending drinking times will reduce "drinking against the clock", a precursor to binge drinking. Conversely, those against the legislation believe that binge drinking will increase, as drinkers will have more time to get drunk. One retired chief superintendent reflected that the act had “placed extraordinary demands on already stretched police resources”. [5]

Impact on live music

The new requirement that there be a licence for the playing of live music in any venue, no matter how small, has been criticised for reducing the number of places where artists can play to tiny audiences. [6] There have been press stories about how the law unreasonably singles out the playing of musical instruments when compared to other forms of entertainment, such as circus performances. [7]

To deal with the concerns raised, the Live Music Forum was set up, chaired by Feargal Sharkey. Its report, [8] issued in July 2007, reported that overall "the Licensing Act has had a neutral effect on the UK’s live music scene", but recommended there should be more flexibility of the application of the Act on smaller premises. However, the introduction of Form 696 by the Metropolitan Police Service as part of the licensing system for live music has been criticised by Sharkey and others for the restrictions imposed on music promoters in London. [9] [10]

Implementation of the act

Any premises that had an old-scheme licence were able to apply for that licence to be converted; provided there was no material change in the use of the premises, the local authority was effectively bound to agree to the conversion. Licensees had to apply for this by 6 August 2005. By that date, it was reported that most pubs had applied, but many off-licences had not. Although the right to convert current licences expired on 6 August, premises could still apply as "new" premises, without benefiting from a grandfather clause. The new licensing laws came into effect at midnight on 24 November 2005.

In a report on the new legislation in November 2006, the Institute of Alcohol Studies reported that one year after implementation "opinions were divided, as expected, leading to the unavoidable polarisation of the debate, increasingly centred upon the misguided notion of ‘24 hour drinking’". [11]

On 8 November 2007, the Department for Culture, Media and Sport reported that there were 176,400 licensed premises in England and Wales. [12] Only 5,100 premises have 24 hour licences, most of which (65 per cent) are hotel bars. Only 460 pubs, bars, or nightclubs have 24 hour licences.

See also

Related Research Articles

Firearms regulation in Finland incorporates the political and regulatory aspects of firearms usage in the country. Both hunting and shooting sports are common hobbies. There are approximately 300,000 people with hunting permits, and 34,000 people belong to sport shooting clubs. Over 1,500 people are licensed weapons collectors. Additionally, many reservists practise their skills using their own semi-automatic rifles and pistols after military service.

<span class="mw-page-title-main">Bouncer</span> Type of security guard

A bouncer is a type of security guard, employed at licensed or sanctioned venues such as bars, nightclubs, cabaret clubs, strip clubs, casinos, hotels, billiard halls, restaurants, sporting events, schools, concerts, balls or movie theaters. A bouncer's duties are to provide security, to check legal age and drinking age, to refuse entry for intoxicated persons, and to deal with aggressive, violent or verbal behavior or disobedience with statutory or establishment rules. They are also charged with maintaining order, and ensuring all laws and regulations are being followed by all patrons.

In a bar, a last call is an announcement made shortly before the bar closes for the night, informing patrons of their last chance to buy alcoholic beverages. There are various means to make the signal, like ringing a bell, flashing the lights, or announcing verbally.

The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England and Wales, Northern Ireland and Scotland being passed, as necessary, by the UK Parliament, the Northern Ireland Assembly, and the Scottish Parliament respectively.

Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.

<span class="mw-page-title-main">House in multiple occupation</span> British term for shared residential properties

A house in multiple occupation (HMO), or a house of multiple occupancy, is a British English term which refers to residential properties where 'common areas' exist and are shared by more than one household.

Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time, points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.

In South Africa, the Firearms Control Act 60 of 2000 regulates the possession of firearms by civilians. Possession of a firearm is conditional on a competency test and several other factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police introduced in July 2004. In 2010, the process was undergoing review, as the police were not able to timely process either competency certification, new licences or renewal of existing licences. Minimum waiting period used to exceed two years from date of application. The Central Firearms Registry implemented a turnaround strategy that has significantly improved the processing period of new licences. The maximum time allowed to process a licence application is now 90 days.

<span class="mw-page-title-main">Environmental Protection Act 1990</span> United Kingdom legislation

The Environmental Protection Act 1990 is an Act of the Parliament of the United Kingdom that as of 2008 defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.

<span class="mw-page-title-main">Liquor license</span> Governmentally issued permit to sell, manufacture, store, or otherwise use alcoholic beverages

A liquor license is a governmentally issued permit for businesses to sell, manufacture, store, or otherwise use alcoholic beverages.


The history of fire safety legislation in the United Kingdom formally covers the period from the formation of the United Kingdom of Great Britain and Ireland in 1801 but is founded in the history of such legislation in England and Wales, and Scotland before 1708, and that of the Kingdom of Great Britain from 1707 to 1800.

<span class="mw-page-title-main">Alcohol laws in Germany</span> Laws regarding the consumption and purchase of alcoholic beverages in Germany

The German laws regulating alcohol use and sale are mostly focused on youth protection. In contrast to many other countries, legislation is relatively lenient and not designed to keep young people away from alcohol, but rather intended to teach them an appropriate approach to alcohol consumption, which is reflected by one of the lowest drinking ages in the world.

<span class="mw-page-title-main">Alcohol laws of Kansas</span> US state alcohol law

The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri, and similar to its other neighboring state of Oklahoma. Legislation is enforced by the Kansas Division of Alcoholic Beverage Control.

<span class="mw-page-title-main">Driver licences in Australia</span> Australian driving permit

Driver licences in Australia refer to the official permit required for a person to legally drive a motor vehicle in Australia. The issue of driver licences, alongside the regulation and enforcement of road use, are all managed by state and territory governments.

<span class="mw-page-title-main">Alcohol laws of New York</span>

Alcohol laws of New York are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more.

<span class="mw-page-title-main">Alcohol laws of Pennsylvania</span> Alcohol laws of the U.S. State of Pennsylvania

The alcohol laws of Pennsylvania contain many peculiarities not found in other states, and are considered some of the strictest regulations in the United States.

The alcohol laws of Hong Kong are consistent with those of most common law jurisdictions, but the sale of alcohol is more liberal than countries like Canada. It is strict when compared to China and Macau where there is no legal drinking age.

Alcohol laws of Australia are laws that regulate the sale and consumption of alcoholic beverages. The legal drinking age is 18 throughout Australia. The minimum age for the purchase of alcoholic products in Australia is 18. A licence is required to produce or sell alcohol.

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.

<span class="mw-page-title-main">Drinking in public</span> Social customs and laws concerning drinking alcohol in public

Social customs and laws concerning drinking alcohol in public vary significantly around the world. "Public" in this context refers to outdoor spaces such as roads, walkways or parks, or in a moving vehicle. Drinking in bars, restaurants, stadiums, and other such establishments, for example, is not generally considered to be "in public" even though those establishments are open to the general public. In some countries, such as Norway, Poland, India and Sri Lanka, some states in the United States, as well as Muslim-majority countries where alcohol is legal, public drinking is almost universally condemned or outlawed, while in other countries, such as Portugal, Spain, Germany, the United Kingdom, New Zealand, Japan, Finland and China, public drinking is socially acceptable.

References

  1. ↑ The citation of this Act by this short title is authorised by section 201(1) of this Act.
  2. ↑ The Licensing Act 2003, sections 201(3) to (5)
  3. ↑ Guidance issued under section 182 of the Licensing Act 2003, chapter 13
  4. ↑ Sharpe, C. A.; Poots, A. J.; Watt, H.; Franklin, D.; Pinder, R. J. (2018). "Controlling alcohol availability through local policy: an observational study to evaluate Cumulative Impact Zones in a London borough" (PDF). Journal of Public Health. 40 (3): e260–e268. doi: 10.1093/pubmed/fdx167 . hdl:10044/1/54145. PMID   29237031.
  5. ↑ Sutherland, John (2020). Crossing the Line: Lessons From a Life on Duty. London: Orion. p. 19. ISBN   978-1-4746-1238-8.
  6. ↑ Gibson, Owen (2 August 2005). "New music rules could halve number of gigs". London: The Guardian. Retrieved 7 May 2010.
  7. ↑ "Clowns' tears at live music ban". BBC. 22 September 2008.
  8. ↑ Department for Culture Media and Sport - The Live Music Forum delivers its verdict - "Small scale live music events impacted on by new licensing laws" - Sharkey
  9. ↑ Paine, Andrew (11 November 2008). "Sharkey Warns MPs On Policing Of Concert Licensing". Billboard. Retrieved 20 February 2009.
  10. ↑ "How Form 696 could pull the plug on the capital's music scene" . London: The Independent. 21 November 2008. Archived from the original on 14 June 2022. Retrieved 20 February 2009. The concerns raised led to the Live Music Act 2012 which has resulted in Live Music being delicensed in certain circumstances.
  11. ↑ Rapley, Emilie (November 2006). "Licensing Act 2003: one year on". Institute of Alcohol Studies. Retrieved 21 February 2009.
  12. ↑ "GNN - Government News Network". Archived from the original on 9 June 2007.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.