Trade Diary

01 August 2010
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INTRODUCTION TO THE LICENSING ACT 2003

The Licensing Act 2003 came into full force in England and Wales in November 2005. It sets down the four licensable activities which will need to be authorised by the necessary licences in order to be carried out:

  • The sale by retail of alcohol;
  • The supply of alcohol by or on behalf of a club to, or to the order of, a member of the club;
  • The provision of regulated entertainment;
  • The provision of late night refreshment.

The responsibility for administering the licensing regime is now with licensing authorities (usually your local District or Borough Council). There are four licensing objectives which must be promoted by Licensing Authorities:

  • The prevention of crime and disorder;
  • Public safety;
  • The prevention of public nuisance;
  • The protection of children from harm.

Licensing Authorities must draw up their licensing policy, every 3 years, which will set out how they will exercise their licensing functions.

Licences are required for all sales of alcohol, irrespective of the quantity being sold. However certain sales are exempt from requiring a licence:

  • Sales to a trader for the purposes of his trade
  • Sales to a club, which holds a club premises certificate, for the purposes of that club
  • Sales to a personal licence holder for the purpose of making sales authorised by a premises licence
  • Sales to a premises licence holder for the purpose of making sales authorised by that licence
  • Sales to the premises user in relation to a Temporary Event Notice for the purpose of making sales authorised by that notice

Premises Licence

The Premises Licence authorises the use of any premises for licensable activities. To sell or supply alcohol under a premises licence, there must be at least one personal licence holder at the premises who can make or authorise the sale (for more information on Premises Licences, see the WSTA Licensing Act Guides).

  • Every premises licence needs a ‘Designated Premises Supervisor’ in order to sell alcohol – this will normally be the person in everyday charge of the premises. They will be readily identifiable as responsible for selling, or authorising the sale of, alcohol; the Designated Premises Supervisor must be a personal licence holder.

Personal Licence

The Personal Licence authorises an individual to supply, or authorise the supply of, alcohol in accordance with a premises licence (for more information on Personal Licences, see the WSTA Licensing Act Guides).

  • To sell alcohol there must be at least one personal licence holder in the business (who will be the Designated Premises Supervisor on the premises licence – see above).
  • A business can have as many personal licence holders as they want.
  • An individual must apply to the local authority where they reside – the authority should be able to provide the application form.
  • Your application must include: a certificate that you have obtained the accredited qualification (see below); a Criminal Record Basic Disclosure; two photos; and, the fee.

Temporary Events

If you wish to temporarily sell, or supply, alcohol. Instead of obtaining a premises licence you can give a Temporary Event Notice to the local authority where your event will be held.

  • The Notice MUST be given to the authority at least TEN WORKING DAYS before the event.
  • There are limits on the number of Notices that can be given in a year; how long they last; and, how often a premises can be used (see the document below and the WSTA Licensing Guides for more information on Temporary Events Notices).
 

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