Licensing Act 2003 – Changes to the current system
If you are a licensee or you are involved with clubs, cinemas, nightclubs, hotels, village halls or theatres, among others, then you are probably aware that the government has passed legislation which is bringing about a wholly new licensing regime. As a result of the Licensing Act 2003, which began to have effect from February 6th 2005 licensing matters will be dealt with mainly by the local authority for the area in which the licensed premises are located. Thus, if, for example your licensed or registered premises are in Swindon, the Swindon Borough Council will be your new licensing authority, instead of the Swindon Licensing Justices. Other local authorities that will be dealing with licensing in and around Swindon include Kennet District Council, North Wiltshire District Council and the Vale of White Horse District Council.
The Licensing Act 2003 requires every local authority to publish a licensing policy which must be reviewed every three years. Some are more detailed than others and it is worth referring to the relevant authority's web site for information, as each authority will be dealing with matters differently. As examples, Swindon Borough Council has asked that current licensees do not apply for a Personal Licence until May or June of this year owing to the anticipated rush of Premises Licence applications, whereas the Vale of White Horse District Council is asking licensees to apply by reference to a system of alphabetical batching.
Even if you already have your name on a justices' licence, the new system will mean important changes for you. In order to sell or supply alcohol when the Act has been fully implemented, which will probably be the 6th November of this year, you will need a Personal Licence and a Premises Licence. If you are already the holder of a justices' licence the applications to the appropriate council for a Personal Licence and a Premises Licence will be much more straightforward.
In order to take advantage of the transitional rights, existing licensees must have applied for a Personal licence and a Premises licence by the 6th August 2005. If the application is for a Premises Licence it and is for a “simple” conversion on the same conditions as your current justices' licence the application process is quite straightforward and not too costly. Unfortunately it is believed that with the exception of the usual 36 hour New Year's Eve general extension of permitted hours, the usual Christmas, Easter and bank holiday extensions that some on licences have benefited from in the past, will be lost. To secure those previously enjoyed extensions of hours the new Act requires an application for a new licence. Again unfortunately, an application for a new Premises Licence is more expensive both in fees payable to the council and the requirement for a ‘public notice' advertisement in a local paper. Fortunately there is no deadline to make a new application but it must be made by and obtained before the 7th November if continuity of business is to be achieved. The Premises Licence can be obtained and held by any person having a connection with the premises but be aware that liquor cannot be sold from the premises until a person who the Act has called a “Designated Premises Supervisor”, has been appointed as such and that person must be the holder of a Personal Licence, before any alcohol sales can be made.
The application to convert your existing justices' licence into a Premises Licence is surprisingly long and in anyone's view, it is complicated. Professional and business people who have studied the Act and the new system that it introduces have said that the implementation of the new law will be tricky. Indeed it is accepted that the local authorities, as well as licensees and practitioners will need to be vigilant and patient during the early years of the Act's implementation and that all involved will be on a “learning curve”!
The transitional period will only last until the 7th August of this year and so applications made by existing licensees will need to be made sooner rather than later.
Tamsin Simmonds
Solicitor
Lemon & Co Solicitors
This article gives a general view and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information and detailed advice please contact Richard Fry or Tamsin Simmonds at the Commercial Department of Lemon & Co located in the Old Town branch at Chelsea House, 1 Little London Court on 01793 496341 or by email on richard.fry@lemon-co.co.uk, tamsin.simmonds@lemon-co.co.uk or alternatively, please visit our website at www.lemon-co.co.uk for articles on other legal issues.
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<p><strong><a href="http://www.lemon-co.co.uk/article_licensing-act2003.php">Licensing Act 2003 – Changes to the current system</a></strong><br />
If you are a licensee or you are involved with clubs, cinemas, nightclubs, hotels, village halls or theatres, among others, then you are probably aware that the government has passed legislation which is bringing about a wholly new licensing regime. As a result of the Licensing Act 2003, which began to have effect from February 6th 2005 licensing matters will be dealt with mainly by the local authority for the area in which the licensed premises are located....</p>