The new Licensing Act 2003

The new Licensing Act 2003

What does it mean for you?

In 2001, the government announced plans to completely reform the country’s licensing laws. The Licensing Act 2003 received Royal assent in July 2003 and the new licensing regime will come into place in November 2005. In brief it will bring the control of the sale of alcohol, the holding of public entertainment, theatres, cinemas and provision of late night refreshments under the control of local authorities.

There will only be two types of licence, namely

· A “Personal licence”, which will allow the holder to sell alcohol at venues covered by a “premises licence”

· A “Premises licence”, which will be required by anyone wanting to allow certain licensable activities to take place such as sale of alcohol, music, dancing, indoor sports events etc. These licence will incorporate conditions to reduce public disorder, ensure public safety and protect children.

There will also be the ability to hold temporary or occasional events without the need for a licence. This will involve the organiser notifying the police and local authority by issuing a “Temporary Event Notice”

This arrangement will cover small-scale events that last less than 4 days and which will attract less than 500 people.

The Licensing Act aims to cover four main key objectives:

· The prevention of crime and disorder

· Public Safety

· The prevention of public nuisance

· The protection of children from harm

There will be:

· The presumption that children will be allowed access to licensed premises unless restricted by the licensing authority.

· There will no longer be any “permitted hours” for the sale of alcohol. Applicants for licences will nominate when such activities will take place. In theory this gives the potential for 24/7 opening.

· However applicants will be required to produce “operating plans” outlining what they are intending to do to meet and promote the four licensing objectives.

Timescales

From 7^th February existing holders of Justices and public entertainment licences will be able to apply to the Council for one or more of the new licences. If granted these licences will not become law until November 2005. This is known as a transition period. The existing licensing system will continue to operate until the change over date.

More information is available on;