LICENSING ACT 2003
Which
type of premises need a licence?
What is an
operating schedule?
Which type of premises need a licence?
The Licensing Act 2003
replaced the licensing system which concerned:
- pubs and night clubs
- off licences
- restaurants that serve alcohol
- businesses offering hot food between 11 pm and 5
am (including takeaways and mobile caterers)
- hotels, guest houses and other places that sell
alcohol
- private members clubs and social clubs
- theatres and amateur dramatic groups
- cinemas
- organisers of occasional entertainments (see
below for more details about a
TEN
)
- indoor sporting events
What are personal licences?
To obtain a personal licence
you must:
- be over 18
- have no relevant criminal convictions and produce a
current (less than 1 month old) basic disclosure from
the
CRB
or
Disclosure Scotland, please visit www.disclosurescotland.co.uk
or telephone 0870 609 6006
- possess an approved licensing qualification eg: BIIAB Level 2
or EDI Level 2
- pay the required fee
A personal licence is needed to
supervise the sale of alcohol in any premises including pubs,
off-licences, restaurants and hotels. A personal licence holder may
give consent to become a
DPS
for a licensed premises
where the activity of supply of alcohol is authorised. The
DPS
has a legal
responsibility for authorising the sale of alcohol and will
generally be responsible for the day to day running of the
establishment and the court can forfeit their licence if they are
convicted of any relevant offences. It is worth ensuring that
should the
DPS
not be present on the premises there is a clear management
structure with which the staff are familiar.
What is a
TEN
?
Licences are not needed for
small events where less than 500 people are likely to attend, and
which last for less than 96 hours, at a time.
Someone who holds a Personal
Licence will be able to hold up to 50 temporary events a year at
other premises that are not licensed. Non-Personal Licence holders
will be able to hold up to 5 temporary events a year.
A
TEN
application
form must be given to the Council at least 14 days before an event
of this sort, and the police may object to it on crime and disorder
grounds.
What are premises licences/club premises certificates?
A premises licence is required for any premises which is used
for one or more of the licensable activities:
- sale of alcohol by retail (including via the internet or mail
order);
- wholesale of alcohol to members of the public;
- supply of alcohol by or on behalf of a club to, or to the order
of, a member of the club;
- provision of regulated entertainment;
- provision of late night refreshment.
Any person involved with a business which uses the
premises for licensable activities may apply for a premises licence
either on a permanent or time-limited basis. Certain other
individuals and groups (including registered clubs, charities,
NHS
organisations etc)
may also apply for a premises licence. A person will have to
be identified as the
DPS,
such a nominee will
have to be in possession of a current Personal Licence.
A club premises certificate permits licensable activities at
the premises of a "qualifying club". A qualifying club applying for
a Club Premises Certificate does not need a DPS as there is no
supply of alcohol by retail taking place. Alcohol may be bought for
the club by the members and the money being passed across the bar
is to maintain equity between members. Please make sure that the
club rule book makes clear the policy for guests. Clubs should
carefully consider whether they should apply for a club premises
certificate or a premises licence. As committee members and
secretaries in clubs change, please ensure the Council is informed
as it is an offence not to.
A club will be considered to be 'qualifying'
provided that:
- Under the club rules, persons may not be admitted to
membership, or be admitted as candidates for membership, to any of
the privileges of membership without an interval of at least two
days between their nomination or application for membership or
their admission;
- Under the club rules, people becoming members without
nomination or prior application may not be admitted to the
privileges of membership without an interval of two days between
them becoming members and their admission;
- The club has a minimum of 25 members;
- The club is established and conducted in good faith as a
club.
Qualifying clubs should not be confused with proprietary
clubs, which are clubs run commercially by individuals,
partnerships or businesses for the purposes of profit. Proprietary
clubs will require a premises licence and are not eligible to be
qualifying clubs.
What documents do I need to provide with my premises licence
application?
All currently held licences if the application is
for a transfer, variation or change of DPS. A plan of 1:100
scale (unless otherwise arrange with HBC Licensing Officers) of the
premises which should include the following details:
The location and extent of the boundary of the building, if
relevant, and any external and internal walls of the building and,
if different, the perimeter of the premises; The location of points
of access to and egress from the premises; In a case where the
premises is used for more than one existing licensable activity,
the area within the premises used for each activity; In a case
where an existing licensable activity relates to the sale of
alcohol, the location or locations on the premises which is or are
used for the consumption of alcohol; Fixed structures (including
furniture) or similar objects temporarily in a fixed location (but
not furniture) which may impact on the ability of individuals on
the premises to use exits or escape routes without impediment; In a
case where the premises includes any steps, stairs elevators or
lifts, the location of steps, stairs, elevators or lifts; In a case
where the premises includes any room or rooms containing public
conveniences, the location of the room or rooms; The location and
type of any fire safety and any other safety equipment; The
location of a kitchen, if any, on the premises.
What is an operating schedule?
An operating schedule is part of the
application form for premises licences and club premises
licences. This outlines what activities are proposed to be
permitted, when the activities will take place and how the
activities will be managed and the overall opening hours when
either the public are permitted on the premises.
It is advisable to apply for the
maximum amount of hours for any activity giving particular thought
to community centres as these premises often have many different
users. It may be prudent to apply for activities that currently do
not take place as hirers may request those activities in the
future.
One of the most critical parts of
the operating schedule is the section describing the steps intended
to promote the four licensing objectives (listed below)
as what is written in this section may become a condition of
the licence. Sections 11.4 – 11.9 of the Havant Borough Council’s
Statement of Licensing Policy provides further guidance.
What are the four licensing
objectives?
The Licensing Act 2003 requires each
licensing authority to carry out it's duties with a view to
promoting four licensing objectives. These are:
- Prevention of crime and disorder
- Ensuring public safety
- Prevention of public nuisance
- Protection of children from harm
These objectives, which are of equal
importance, comprise the basis on which the licensing
authority determines what is in the overall public interest when
carrying out its functions.
How do I help with the prevention of crime and disorder?
Details of any off-premises and/or
on-premises CCTV and suitable signs associated with the CCTV. If
installing a new CCTV system, advice from the Police Crime
Reduction Office (023 9289 1831) should be sought in case the
material is needed for evidence.
Membership and regular attendance of
meetings of a crime reduction groups such as Pubwatch or Shopwatch
are encouraged as Pubwatch, Shopwatch and the Police share
information between each other on a variety
of incidents. Pubwatch bans do have repercussions on the
social lives of the people affected, they may have to travel
greater distances to licensed premises and cannot socialise with
their friends in the same way. Up to date Pubwatch or Shopwatch
signage can act as a deterrent.
In addition, both Pubwatches and
Shopwatches in Havant operate two way radios so information about
incidents actually happening can be quickly spread around all the
premises involved into the scheme. The local police also have a
radio on the scheme so can be summoned quickly or can arrange for
town centre CCTV to record any particular activity. Pubwatch and
Shopwatch membership would be considered best practise for many
premises located in town centres where the supply of alcohol is an
authorised activity.
Further details of Schemes in your
area will be available from your local Police Community Beat
Officer, along with other useful advice and information regarding
crime and disorder reduction in your area. To contact your local
Officer call 0845 045 45 45 and ask for the Community Beat Office
at your local police station.
Where door superivsors
are employed, they must be licensed with the
SIA
. To get more
information about the SIA, please visit
www.the-sia.org.uk or call their
helpline 08448 921025.
The operating schedule may state
when use of plastic or toughened glass will be applied as defined
by a risk assessment. Plastic may be preferable for use in outside
areas where broken glass is difficult to clear up or when
there may be an increased level of rowdiness eg during
televised national sporting events.
Where the entrance of the premises
faces onto a street affected by a byelaw restricting the public
consumption of alcohol, open containers may not be taken from the
premises. Signs to reinforce that only drinks purchased on the
premises may be consumed on the premises could be advisable.
Records kept of any crime or
disorder incidents and where sales of alcohol have been refused
will help police and local authority co-operation.
Adequate staffing ensure that
at busy times staff can regularly check all areas of the
licensed premises including toilets and other areas that are not
easily visible from the bar and prevent possible breach of the
licensing principles.
Good relations with local police
officers is crucial to developing the prevention of crime and
disorder occurring on your premises. If customers become
accustomed to the police visiting frequently, problem
behaviour is likely to be discouraged.
How do I ensure public safety?
A written risk assessment is a
requirement under the Health and Safety at Work Act 1974, if you
employ 5 or more people. It should include a record of the fire
risk assessment as required under Fire Precautions (Workplace)
regulations 1997.
Applicants should consider, as a
basic requirement, areas such as electrical safety, building
integrity, heating installations and the fire retardant properties
of materials and fabrics as a matter of course and reassess these
following any major refurbishments, repairs, and general
maintenance.
Indication of capacity of premises –
This can be based on a recent assessment completed by a fire
officer. It is the responsibility of the applicant to determine the
maximum capacity based on approved occupancy factors. Hampshire
Fire and Rescue Service recommend 0.5 m2 per person
standing or dancing and 1m2 per person seated. Ease of
exit in case of emergency may
affect these numbers as does any
fixed furniture and or fittings.
Under section 177 of the Licensing
Act 2003 where:
- A premises licence or club premises certificate authorises the
supply of alcohol for consumption on the premises and the
provisions of "music entertainment" (live music or dancing or
facilities enabling people to take part in those activities),
- The relevant premises are used primarily for the supply of
alcohol for consumption on the premises, and
- The premises have a permitted capacity limit of not more than
200 persons (including staff and performers) any conditions
relating to the provision of music entertainment imposed on the
premises licence or club premises certificate by Havant Borough
Council, other than those set out by the licence or certificate
being consistent with the operating schedule, will be suspended
except where they were imposed as being necessary for public safety
or the prevention of crime and disorder or both.
The nature of the business is an
important factor, describe the style of premises; e.g. traditional
public house, modern exclusive restaurant, cinema complex,
etc, and describe the nature of clientele; young people who
want to dance, all age groups, family friendly, people interested
in sports. Where the premises is located; amongst residential
housing including adjoining properties, amongst business premises
that are not operational during the evenings, the nearest property
is over 250 m away. Describe the geographical location; town
centre, rural village or hamlet, suburban area.
Door staff – Door supervisors can
offer many benefits such as helping to keep under-18s out of
businesses where the retail of alcohol for the consumption on-site
is the predominant licensable activity. Guidelines on the numbers
of door staff should follow 1 door supervisor to 100 customers,
however many door staff are unwilling to work alone on the door of
a premises. Where any significant variation from these guidelines
exists, or is applied for, reasons for the variation should be
given.
How do I ensure public safety
(fire)?
Hampshire Fire and Rescue Service
have made the following recommendations to applicants:
The Responsible Person
for the premises will need to carry out a specific fire risk
assessment, to identify any significant findings, provide fire
safety provisions, emergency plan and training. An assessment of
the maximum numbers of persons (including staff) permitted on the
premises at any one time is to be made. A simple floor plan showing
the dimensions of the building and the fire safety provisions is to
accompany the application.
These are requirements under
existing fire legislation for many premises and this documentation
should already exist as part of the risk assessment under the
Health and Safety at Work Act 1974.
Please provide the following
information with your operating schedule when submitting your
application:
- The date when the last fire safety risk assessment of the
premises was carried out, along with any identified significant
findings
- A summary of any proposed changes or improvements to remedy the
significant findings, with the date of their implementation
- Details of the maximum occupancy numbers to be permitted in the
premises (including staff), and the management arrangements to
ensure they are not exceeded
- A copy of the emergency plan
- A single line scaled plan or architects drawing, showing the
general layout of the premises, fire safety provisions, including
escape routes from the premises to a place of ultimate safety with
any significant features
- Supporting evidence demonstrating adequate maintenance of the
fire safety provisions and systems e.g. copies of current servicing
certificates
Hampshire Fire and Rescue Service
under the appropriate legislation will deal with offences relating
to fire safety.
Please specify in the operating
schedule any first aid arrangements if relevant.
Please specify any evacuation
procedures or policies in case of loss of power if relevant.
How do I help with the prevention of public nuisance?
Businesses are expected to check the areas outside their
premises at closing time after each day’s business. Do state any
policy regarding this issue.
Closure of outside areas after a
certain time is encouraged to be included in your operating
schedule. It is advisable that no regulated entertainment is
carried out in outside areas in the evenings without prior
consultation with the licensing authority. Noise can also be
contained by keeping windows and doors shut, by installing
double-glazing where appropriate and keeping ventilation equipment
in good order. Using performers of regulated entertainment to
remind customers to respect the premises’ neighbours and leave
quietly has proved successful.
How do I ensure the protection of children from harm?
The Department for Culture, Media and Sport’s website notes:
"The protection of
children from harm is one of the four licensing objectives that
underpin the Act. It remains a significant Government priority. The
new licensing regime has been designed, in part, to close the
loopholes and inadequacies of current law in relation to children,
while allowing under 18s to experience the atmosphere of licensed
premises in a family friendly, safe environment…The current system
contains some inadequacies and may not afford protection to
children from risk of harm. Many inadequacies are the result of
legislation being a combination of antiquated laws – some dating
back as far as 1382. These laws have now been brought up to date
through the Act and streamlined. In addition, the inclusion of the
objective of the protection of children from harm places the
protection of children at the centre of the new regime."
Do make a statement regarding the
child admission policy of the premises detailing any restrictions.
Be sure that all staff members know that they should be on their
guard for children at risk, and know that they have a
responsibility to report any children that they feel may be at risk
to the Hampshire Child Protection Unit, contact details are at the
back of this leaflet.
In broad terms the guidance for
young people in Licensed Premises is as follows:
- Young people of age 16 and 17 can go into licensed premises at
the licence holder’s discretion but cannot consume or buy alcohol
except the table meal exemption at Section 150.
- A child under 16 can go into licensed premises at the licence
holder’s discretion. However, if the premises is licensed primarily
or exclusively for the supply of alcohol for consumption on the
premises (i.e. clubs. bars, pubs) then the child must be
accompanied by an adult.
- A child under 16 can go into licensed premises where the
premises are licensed, but not primarily or exclusively for the
supply of alcohol for consumption on the premises (i.e. restaurants
etc), and s/he only needs to be accompanied by an adult if there is
a supply of alcohol taking place and it is between 12 midnight –
5am.
- Young people of age 16 and 17 cannot be supplied with alcohol
unless they are accompanied by an adult at a table meal and an
adult is purchasing either beer, wine, or cider for consumption
with the table meal.
It should be noted that the
prohibitions on children’s access to the premises only apply whilst
the premises is open for the purpose of being used for the supply
of alcohol for consumption there.
Signage can be very important in the
protection of children from harm. It can be helpful to remind
parents and guardians that it is illegal to be intoxicated and in
charge of children under the age of 7 years of age, particularly
where the sale of alcohol is for consumption on the premises. It is
also important to have children supervised at all times in these
types of premises. It is expected in your operating schedule if
children are permitted on the premises to demarcate any areas where
children are not allowed, these may be bar areas, in areas with
amusements with prizes or a strong element of gambling, suitable
refreshments should also be available at all times when children
are permitted. Do make sure that children needing to use the
toilets can get there without crossing areas within which they are
not permitted.
Any other help for my application?
Signage – Good
signage can operate at many levels. At the door, clear signs can
clarify the premises policy regarding any age restriction policies
such as "over 18s only", "over 21s only" or "no unaccompanied
children". Whether signs repeat the law or express the policy of
the premises it can act as a deterrent and as a tool for staff
enforcing the law or the premises policy in a non-confrontational
manner. However, it is certainly not the wish of Havant Borough
Council to turn all licensed premises into notice boards. Signs
should be used if there are specific problems, or where there is a
need to demarcate certain areas for particular activities. Some
examples of signs that could be used may include:
"CCTV operates in
this area and lawlessness will be reported to the police"
"This premises
operates a zero tolerance drugs policy"
"Proof of age for
purchase of certain goods may be required"
"Supervised children
are welcome in the restaurant area before 8pm"
"No drinks allowed in this area/beyond
this point"
Staff training – Well-trained staff are a
real asset to any business. Critical areas of staff training in
licensed premises should include a good knowledge of what is and is
not permitted on the premises. The chain of command of a licensed
premises is very important and in it’s statement of licensing
policy Havant Borough Council expects applicants, particularly of
premises retailing alcohol which must have a designated premises
supervisor, to have a well defined management structure especially
when the designated premises is not physically on the premises, an
example of best practise would be that the duty manager signs in
for duty in a logbook so that it is clear for everybody who is in
charge of the premises at any particular time. It would also be
considered best practise for all duty managers to be personal
licence holders so that the required knowledge level can be assured
when the designated premises supervisor is not physically present.
Other key areas that should be covered include:
- What to do if they think that there is a customer behaviour
problem or is likely to occur.
- What to do and any special responsibilities in case of fire or
any other need to evacuate the premises.
- Where the supply of alcohol is concerned or where any age
restriction is applicable training should be given and maintained
as to what is acceptable proof of age identification and what is
not, as the names of cards may change over time and new cards
offered the PASS accreditation.
- Where applicable, staff should know what would be expected of
them if an incident occurred and potentially that if a court case
ensued that they may have to give evidence.
- What is the premises drug policy and what to do if drugs are
found on the premises?
- What to do if they feel threatened into making an illegal sale
and how best to avoid such situations
Moreover, if staff members are well
trained they may feel more confident to be more proactive in
keeping trouble out of the premises. The best way to arrange this
is to have a document which details what the staff training
consists of and documentation to show that each member of staff is
familiar with the material. This document may be referred to in the
operating schedule. Where agency staff are used, be sure that they
have received a thorough briefing of what their role is and where
possible try and re-use the same staff so that they get to know the
premises and clientele.
Drinks promotions
should never encourage binge drinking. The implications on the
community should be considered whenever an alcoholic drinks
promotion occurs. A statement to clarify the drinks promotion
policy of the premises is advisable where relevant.
Managed houses and tenanted
houses are encouraged to supply contact details to the
licensing authority of area managers so that notification of issues
arising that could bring the reputation of the company into ill
repute can dealt with effectively.
Special
consideration should be made regarding the licensing
objectives when special events such as football events or other
local or national events and how these events will impact the local
community and what can be done to minimise the negative
impact.
What happens next?
For all applications for grant or
variation of a premises licence or club premises licence,
the law requires a blue A4 sized notice in a prescribed
format to be prominently displayed on or near the premises in such
a place where passing members of the public can clearly see and
read the notice. The notice should be visible from all potentially
affected streets.
This notice must be displayed for
not less than 28 days. The applicant must also advertise their
application in a local newspaper circulating in the relevant part
of Havant Borough. The newspaper notice must be circulated at least
one occasion not more than 5 working days after the giving of the
application to Havant Borough Council Licensing Office, both the
newspaper notice and the notice for the application will contain
the following information shown in the example
(link to
Public Notice >>(PDF 23KB)
If there are no representations
within the 28 days of an accepted application , the licence
will be granted.
However, if representation from any
interested parties or responsible authorities has been received,
the licensing Officers will examine the representation and confirm
its relevance. The Officers will then attempt to mediate between
the respective parties to attempt to find a reasonable compromise.
If this informal process is unsuccessful a hearing before the
licensing committee will ensue. All interested parties will be
notified and invited to attend the hearing. Following the hearing a
decision will be made by the licensing committee and the details of
that decision will be circulated to the parties concerned.
The applicant does have a right to
appeal and this should be made to the magistrates appropriate to
the location of the premises concerned. Professional advice should
be sought where it is uncertain what the best course of action
should be.
How do I object to an
application?
Local residents, ward Councillors,
MPs, MEPs and business associations may make representations to the
council about the grant of, or a change of, a licence. A
Licensing Committee of Councillors will, as long as the
representations are not irrelevant or vexatious, consider
these.
When a licence is first applied for,
copies will also have been sent to the 'repsonsible authorities'
(see list below). Each of these authorities may make
representations about the application and this may result in
conditions being imposed or the application being refused.
Following a substantive
complaint concerning failure to uphold one or more of the licensing
objectives which is not frivolous, vexatious or repetitive, a
council hearing will be held to review the licence. The
council may decided not to do anything, or to impose extra
conditions on the licence, or to suspend either all or part of
the licence for up to three months.
If someone wishes to appeal against a
council's licensing decicison, they have the right to do so to the
magistrates court.
Responsible Authorities (as defined in S.13 (4) of Licensing
Act 2003)
Officer in charge of Licensing
Hampshire Constabulary
Waterlooville Police
Swiss Road
Waterlooville
Hampshire
PO7 7FX
Hampshire Fire & Rescue Services
Technical Fire Safety Group
Copnor Fire Station
Copnor Road
Portsmouth
Hampshire
PO3 5AE
Commercial Team
Community Services
Havant Borough Council
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
Head of Planning & Development
Havant Borough Council
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
Head of Environment Team
Community Services
Havant Borough Council
Civic Offices
Civic Centre Road
Havant
Hampshire
PO9 2AX
Team Manager R&A
HCC Social Services
Havant Area Office
Town End House
PO Box 61
East Street
Havant
Hampshire
PO9 1UB
The Trading Standards Service
Montgomery House
Monarch Way
Winchester
Hampshire
SO22 5PW
Application forms
Personal Licence related applications
Applications related to premises licences & Club Licences